Law360 Canada ( December 6, 2024, 12:57 PM EST) -- Appeal by Campbell from a judgment of the Ontario Court of Appeal which upheld his convictions and sentence. During the arrest of Gammie, a known drug dealer, the police seized a cellphone which was displaying incoming text messages on its screen. The police believed the messages revealed that a transaction for the sale of heroin, likely to be laced with fentanyl, was underway. They feared that the drugs would be sold elsewhere in the community if they did not intervene. The police impersonated Gammie by responding to the text messages resulting in the arrest of Campbell. Campbell was found in possession of 14.33 grams of heroin laced with fentanyl and was charged with trafficking and possession offences under the Controlled Drugs and Substances Act (CDSA). Campbell brought an application under ss. 8 and 24(2) of the Canadian Charter of Rights and Freedoms (Charter motion) arguing that his Charter rights were infringed when the police took control of another drug dealer's phone and facilitated a drug transaction with him through text messages. The trial judge dismissed the Charter motion. He found that the police strategy did not violate Campbell’s Charter rights. The Court of Appeal dismissed Campbell’s appeals from conviction and sentence. It found that although Campbell had a reasonable expectation of privacy in his electronic communications, the search was justified by exigent circumstances....