Canada Case Law

R. v. Budlakoti

Court

Court of Appeal for Ontario

The trial judge did not err: the "too hot" remark was used with the appellant's acquiescence and only formed part of a broader evidentiary context; the agent's financial motive was considered and did not undermine the judge's rejection of the appellant's testimony; and Vetrovec strictures did not mandate reversal where the agent was called to rebut a defence and the judge properly evaluated credibility—appeal dismissed.

Source excerpt

• Entrapment
• Hearsay
• Credibility assessment
• Vetrovec rule
• Police agent/informant

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R. v. Bains

Court

Court of Appeal for Ontario

The trial judge did not err in inferring from the context of the Agreed Statement of Facts that the officer had the requisite subjective belief to proceed; that inference was open on the record and the appeal on conviction fails.

Source excerpt

• Entrapment
• Agreed statement of facts
• Standard of proof
• Subjective belief of officer

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TC4-71284

Court

Refugee Appeal Division

The appeal is dismissed because the appellant's core account that he participated in a police-organized sting is implausible and not credible, lacks necessary corroboration (no FIR or substantive affidavits), and the objective evidence does not support the alleged sequence of events; therefore he failed to prove on a balance of probabilities that he is a Convention refugee or a person in need of protection.

Source excerpt

• Credibility
• Implausibility
• Convention refugee status
• Person in need of protection
• Objective country evidence
• Entrapment

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R. v. Krawczyk

Court

Court of Appeal for Ontario

The trial judge’s assessment of the police agent’s evidence was insufficient because he failed to grapple with the agent’s overwhelming credibility problems and the Crown did not put independent evidence before the court to establish reasonable suspicion; the appellant’s later eagerness and familiarity with drug vernacular could not alone corroborate the agent’s account of who initiated the scheme, therefore the convictions must be quashed and a new trial ordered limited to the entrapment/stay issue.

Source excerpt

• Entrapment
• Abuse of process
• Reasonable suspicion
• Credibility of informant
• Disclosure of police grounds

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R. v. Faroughi

Court

Court of Appeal for Ontario

The Court dismissed the conviction appeal (no misdirection as the charge, read as a whole, required subjective proof of belief and purpose; entrapment not made out because police conduct did not objectively induce the appellant), admitted fresh evidence, granted leave to appeal sentence, and on sentencing allowed appellate intervention because an intervening legislative change made conditional sentences available for the child luring count and the trial judge therefore failed to consider a relevant non‑custodial option; given the appellant's youth, lack of record, exceptional mitigation inclu…

Source excerpt

• Child luring
• Communication for sexual services
• Entrapment
• Jury charge/mens rea
• Mandatory minimum sentences
• Charter s.12

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R. v. Perri

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed Mr. Perri’s appeal, holding the trial judge made no reversible error in rejecting entrapment based on the call phrase “I’m looking for 80”.

• Entrapment
• Dial-a-dope investigations
• Reasonable suspicion
• Abuse of process
• Police investigative conduct
• Reasonable-suspicion

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R. v. Munroe

Court

Court of Appeal for Ontario

The appeal is dismissed because the appellant's challenges were unsupported by the trial record following a comprehensive guilty plea inquiry, the trial judge properly exercised discretion in sentencing including appropriate consideration and credit for harsh pre-sentence custody in accordance with Duncan and Marshall, and there was no basis to set aside the s.161 order or the publication restrictions.

Source excerpt

• Entrapment
• Warrantless production of electronic records (facebook)
• Proof of complainant age
• Decision not to charge alleged victims
• Ineffective assistance of counsel
• Pre-sentence custody credit (duncan factor)

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R. v. R.R.

Court

Court of Appeal for Ontario

The Court upheld the trial judge's finding that the Craigslist ad, particularly the reference to being 'a REAL Daddy of a real daughter' in a sexualized context, gave rise to an objectively reasonable and honestly held suspicion that the appellant had sexually abused his daughter and would reoffend; that suspicion meant the police conduct did not constitute entrapment, and the trial judge did not err in rejecting the entrapment defence.

Source excerpt

• Entrapment
• Child pornography
• Sexual offences
• Reasonable suspicion
• Police investigative conduct
• Publication ban

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R. v. Braithwaite

Court

Court of Appeal for Ontario

Because Ramelson supplied new, more detailed parameters for assessing online sting operations and the appellate record is insufficient to determine whether those parameters were met, the appellant must be allowed to litigate entrapment in the trial court; the Crown was not shown to be procedurally prejudiced by this course, so the conviction was quashed and a new trial limited to the entrapment/stay motion was ordered.

Source excerpt

• Child luring
• Entrapment
• Ineffective assistance of counsel
• Internet sting operations
• Publication ban

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R. v. Ramelson

Court

Supreme Court of Canada

The Supreme Court of Canada dismissed the appeal in R. v. Ramelson, holding that Project Raphael was a bona fide online inquiry and did not entrap the appellant.

• Entrapment
• Bona fide inquiry
• Reasonable suspicion
• Child luring
• Virtual-space investigations
• Sting operations

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