Have the police tricked or coerced you into engaging in illegal activity? That could amount to entrapment, and the criminal justice system protects you against such situations. If you’re facing such charges, consulting a criminal lawyer in Toronto is crucial to understanding your rights. This article explains the legal entrapment defence in the Canadian criminal justice system.
What Is Entrapment?
Entrapment defence occurs when law enforcement officers use unfair practices like coercion, fraud, or trickery to induce someone to commit a crime. But is entrapment illegal in Canada?
Yes. It is a legal remedy to criminal charges based on the police conduct before or during their interaction with the alleged offender. Police conduct involves harassment, coercion, or pressure to commit an offence.
The Canadian entrapment law prevents the police from approaching individuals who have not yet engaged in criminal acts and offering them an opportunity to do so. According to the Supreme Court of Canada, police must investigate criminal activity and have such a reasonable suspicion that an individual is engaged in an ongoing criminal activity, such as drug offences, before luring them to commit such criminal offences.
What You Must Prove to Establish the Defence of Entrapment
In raising the legal defence of entrapment, you must establish that either:
- The police officer, without reasonable suspicion that you were already involved in related criminal activity, gave you a chance to commit a crime; or
- The police officer, having the reasonable suspicion noted in (1) above, went beyond giving you an opportunity to commit illegal acts and induced the commission of the crime.
For detailed guidance on building your defence, consider consulting a top criminal lawyer.
Opportunity-Based Entrapment vs. Inducement-Based Entrapment
Canadian criminal law recognizes two kinds of entrapment:
- Opportunity-based: When police officers provide you with an opportunity to commit an offence, such as drug trafficking, without reasonable suspicion that you engage in the crime or without acting according to a bona fide inquiry.
- Inducement-based: Suppose a police officer or public official reasonably suspects that you engage in criminal acts or they are acting pursuant to a bona fide inquiry. However, they go beyond providing an opportunity to commit the offence and influence you to commit a crime. That is inducement-based entrapment.
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Limitations to the Entrapment Defence
Below are the entrapment law limitations in Canada:
- The state must persuade entrapment: Police involvement is mandatory in entrapment law. You cannot argue that a private citizen coerced you into selling drugs or committing other criminal activity.
- The defence of entrapment does not apply to certain crimes: Entrapment law can’t apply to offences that involve bodily harm, murder, or other violent acts.
- The entrapment defence does not apply to extradition cases: You can’t argue the entrapment defence if it involves extradition to another country.
What Is the Appropriate Remedy When You Establish Entrapment?
A stay of proceedings is often the appropriate remedy when a person accused of a crime establishes entrapment beyond a reasonable doubt. However, in some situations, the judge may grant the remedy of excluding evidence. For more information on building a strong defence, consider contacting a trusted criminal lawyer to discuss your case.
Conclusion
When police lure an average person into committing an offence without a reasonable suspicion that the person is involved in criminal activity, they commit entrapment. If you believe you are a victim of entrapment or want more information about entrapment law in Canada, it’s essential to seek reliable legal advice.
Do you need help with your case? Call (905) 755-9595 now to schedule a free consultation with experienced criminal lawyers who can help you navigate your legal challenges effectively.