Huard. Huard testified that the appellant plotted to murder
Lusted because Lusted knew “things” that could put the appellant “away for a long time”.
 The appellant submits that the trial judge erred with
respect to the phone records, the evidence of the fire marshal
and the evidence of Huard.
 For the reasons that follow, I have concluded that the evidence of Huard was inadmissible. I would allow the appeal and
order a new trial.
 The appellant led a life of crime. Lusted was a partner in
crime. So too was Huard. They committed home invasions,
weapons offences, robberies and drug deals.
 According to Lusted, the appellant had “ripped off” someone of drugs and cash not realizing that the person was working
with the Hells Angels. Several shots were later fired at the
appellant’s home in Hamilton when he, his common law wife
and their children were there. The appellant attributed this to
retaliation from the Hells Angels. He blamed Mason for giving
him bad information leading to the rip-off. According to the
Crown, this was the motive for the murder of Mason.
The abduction, murder and cremation of Mason
 The only direct evidence of the murder of Mason came from
Lusted. Lusted testified that he and the appellant drove together
in a stolen truck to where Mason was abducted at gunpoint.
Lusted testified that they walked into Mason’s apartment and
the appellant told him to put his shoes and coat on because they
were going to see “a guy down the road”. Mason grabbed his
phone and the appellant ripped it out of his hand and pulled out
a sawed-off shotgun that had been hidden in his coat. Lusted
and the appellant left with Mason. They then drove to a secluded
location where the appellant shot and killed Mason. Lusted
claimed that he panicked, and the appellant responded by firing
a shot in the air and asking if he wanted to be next.
 After the murder, they drove the truck the appellant
had stolen to carry out the murder back to Hamilton. Lusted
retrieved his car and the two drove to the outskirts of Smithville, where the appellant burned the truck while Lusted drove
around to make sure no one saw them. Lusted testified that
the truck was a red GMC or Chevy. A red GMC truck had been
reported stolen on February 3, 2006. At 4:47 p.m. on February
24, a truck was reported on fire in a driveway just outside of