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The court dismissed Mr. Perri’s entrapment application, finding no reasonable suspicion before the first call and that the opening remark did not offer an offence.
The court convicted Jason Robert Van Winkle of four CDSA trafficking-related counts and dismissed his entrapment application, finding the police had reasonable suspicion.
The court sentenced Jesse Dayton Lockhart to 26 months' incarceration for two street-level fentanyl trafficking counts and imposed a 10-year firearms prohibition.
The appeal is dismissed because the conviction must be assessed on the trial record where the appellant called no evidence and text messages provided sufficient evidence to support convictions; evidence from the entrapment application cannot be treated as fresh evidence without complying with established requirements; the police operation did not induce the offence nor prevent reasonable efforts to verify age during communication; and the offences were complete during the communications so later verification was irrelevant.
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The Court of Appeal allowed the Crown appeal, held Project Raphael qualified as a bona fide police inquiry into the escorts section of Backpage, concluded the police had reasonable suspicion tied to that virtual space (and it was sufficiently precise and narrowly scoped), and therefore police were permitted to offer the opportunity to commit offences to respondents without individualized reasonable suspicion; accordingly the trial judge erred in staying proceedings for entrapment and the stay was set aside and matter remitted for sentencing.
Source excerpt
The Supreme Court of Canada dismissed Akash Ghotra’s appeal, upholding his conviction for internet child luring and rejecting the entrapment and abuse of process claim.
Supreme Court rules on entrapment in dial-a-dope investigations, holding that reasonable suspicion must exist before police offer an opportunity to traffic drugs.
The court found proposed expert evidence about undercover officers’ religious guidance relevant to entrapment and abuse of process, but reserved admissibility pending review of the expert’s qualifications.
The Court of Appeal upheld Pai-Chih Chiang’s conviction under s. 212(4) and held the police sting did not amount to entrapment.
The court rejected an entrapment claim in a cocaine trafficking case, finding police had reasonable suspicion before offering the opportunity to offend.
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