Canada Case Law

R. v. Sparks and Ritch

Court

Supreme Court of Nova Scotia

The court found the bulk of Ritch's statements in the cell plant were voluntary and admissible because she initiated and dominated the conversation and there was no causal link showing elicitation, but the undercover officer's statement 'it doesn't sound like he is getting out any time soon if it was planned' amounted to active elicitation and therefore all statements after that comment violated s.7 and must be excluded under s.24(2).

Source excerpt

• Right to silence
• Section 7
• Section 24(2) exclusion
• Cell plant
• Elicitation
• Admissibility of statements

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R. v. Nuttall

Court

Supreme Court of British Columbia

The Court stayed proceedings: objectively assessed RCMP conduct exceeded mere provision of opportunity and induced the charged terrorist offences by (a) offering and supplying explosives and logistics, (b) orchestrating the plot and choosing date/location, (c) exploiting defendants' vulnerabilities and dependency on the undercover officer, and (d) providing religious guidance that removed moral qualms. The inducement and the multiple illegal/unsupported police acts undermined fundamental justice and the integrity of the judicial process (entrapment under Mack and abuse of process), so stays e…

Source excerpt

• Entrapment
• Abuse of process
• Reasonable suspicion
• Inducement
• Facilitation of terrorist activity
• Freedom of religion s.2(a)

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R. v. Pepper

Court

Supreme Court of British Columbia

The court rejected an entrapment claim in a cocaine trafficking case, finding police had reasonable suspicion before offering the opportunity to offend.

• Entrapment
• Dial-a-dope operations
• Reasonable suspicion
• Bona fide investigation
• Random virtue testing
• Reasonable-suspicion

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