R. v. Robichaud

R. v. Robichaud

The court found police were acting pursuant to a bona fide inquiry in a targeted location, the accused initiated and actively pursued the drug transaction, and police conduct did not amount to inducement; the accused failed to prove entrapment on a balance of probabilities and the s.24 application for a stay is dismissed.

Citation
2009 NSPC 53
Parties
Crown: Her Majesty the Queen; Accused: Trevor John Robichaud
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 September 2009
Procedural Posture
Criminal: Trafficking (controlled Drugs and Substances Act S.5(1)) / Application for Stay of Proceedings Under S.24 Charter Following Guilty Plea (entrainment/entrapment Issue)
Outcome
Application for stay of proceedings dismissed; no stay ordered.
Legal Topics
Entrapment, Charter S.24 Stay of Proceedings, Undercover Operations, Bona Fide Inquiry, Police Inducement Test
Source Language
English
Criminal Law Constitutional Law Police Law Entrapment Charter S.24 Stay of Proceedings Undercover Operations Bona Fide Inquiry Police Inducement Test

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Parties

Her Majesty the Queen

Crown

Trevor John Robichaud

Accused

Procedural Posture

Criminal: Trafficking (controlled Drugs and Substances Act S.5(1)) / Application for Stay of Proceedings Under S.24 Charter Following Guilty Plea (entrainment/entrapment Issue)

Legal Issues

  1. 1 Whether the accused was entrapped by undercover police
  2. 2 Whether police acted pursuant to a bona fide inquiry or on reasonable suspicion
  3. 3 Whether police conduct went beyond providing an opportunity and induced the offence

Ratio Decidendi

The court found police were acting pursuant to a bona fide inquiry in a targeted location, the accused initiated and actively pursued the drug transaction, and police conduct did not amount to inducement; the accused failed to prove entrapment on a balance of probabilities and the s.24 application for a stay is dismissed.

Court Disposition

Application for stay of proceedings dismissed; no stay ordered.

Orders

  • Application for stay of proceedings under s.24 Charter dismissed