R. v. Baldree (C.) 2012 ONCA 138
Evidence - Hearsay rule - General principles and definitions - What constitutes hearsay
The police arrested the accused on drug charges and seized his cell phone. A police officer answered a call made to the accused’s phone. The caller wanted to buy and have delivered to a local address an ounce of “weed”. Posing as the accused’s successor, the officer agreed to deliver the drugs at the price the accused usually charged, but didn’t make the delivery. At trial, the evidence adduced included the officer’s version of the conversation with the unknown caller. The accused was convicted. He appealed, raising issues as to the admissibility and judge’s use of the officer’s evidence about the call to buy drugs (i.e., hearsay issues).
The Ontario Court of Appeal, Watt, J.A., dissenting, allowed the appeal and ordered a new trial.