Law360 Canada ( April 23, 2018, 7:15 AM EDT) -- Appeal by the accused, Beairsto, from a conviction for trafficking cocaine. Police investigated another individual, Ahmed, for drug trafficking. In the course of Ahmed's arrest, police seized his cell phone. The phone was not locked or password-protected. It was open to a messenger chat function featuring a conversation indicative of drug trafficking that was subsequently established as involving Ahmed and the accused. In the course of downloading the text conversation, the investigating officer was added as a party to the chat. The officer portrayed himself as an associate of Ahmed involved in the drug trade, and used Ahmed's account to send a text message to the accused confirming the association. Based on the conversations, police believed two parcels containing drugs and money were to be sent from Edmonton to the accused in Vancouver. Thereafter, the accused sent a text message confirming he shipped a kilogram of cocaine to an Edmonton address and provided a tracking number. The undercover officer confirmed the corresponding shipment of payment. A controlled delivery of the purported payment package led to the arrest of the accused. An incidental search resulted in seizure of the phone used to send the text messages. The trial judge found no breach of the accused's ss. 7 and 8 Charter rights arising from the police conduct and entered a conviction. The accused appealed....