Canada’s top court dismisses appeal in Ontario drug trafficking case

By The Canadian Press on December 6, 2024.

Canada’s highest court has dismissed the appeal of a Guelph, Ont., man convicted of drug trafficking after police impersonated a drug dealer in order to arrest him.

Dwayne Alexander Campbell argued police violated his Charter right to be free from unreasonable search or seizure in his 2017 arrest.

Police seized the cellphone of a known drug dealer and noticed incoming text messages about a suspected transaction for heroin, likely laced with deadly fentanyl.

They responded to messages and arrested Campbell after arranging to have the drugs delivered to the dealer’s home.

The trial judge found Campbell’s rights had not been breached, and even if they had, the evidence should not be excluded. Campbell took his case to the Supreme Court after his appeal was dismissed.

In a split decision released today, the Supreme Court found police were justified in using the drug dealer’s phone without first getting a warrant due to the urgent circumstances.

This report by The Canadian Press was first published Dec. 6, 2024.

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