You may have heard the term “entrapment” on TV or in movies to refer to unscrupulous police behaviour or trickery. In Canadian law, the definition of “entrapment” is very precise, and not all police trickery is considered entrapment. A successful defence of entrapment will result in a stay of proceedings. The defence is only available after someone is found guilty.

Police are permitted to use a certain amount of trickery when investigating an offence and/or attempting to obtain a confession. However, they are not permitted to trick someone into committing a criminal offence unless they have reasonable suspicion that the person is already engaged in criminal activity. Police may make general inquiries of someone such as their name, occupation, and reason for being present at a certain place and time. Once police have formed reasonable suspicion, they are permitted to provide someone with an opportunity to commit a criminal offence. They are not permitted to induce the commission of an offence through threats, bribery, or coercion.

The threshold for entrapment is very high. The police trickery must be so egregious as to “bring the administration of justice into disrepute.” It is not entrapment for an undercover police officer to offer to buy drugs from a suspected drug dealer, nor to pose as an underage person online if the recipient and/or webpage is suspected of being involved in criminal activity. Entrapment is typically restricted to situations in which the police create a criminal offence, rather than merely intercepting one.

If you have been charged with a criminal offence, call us at (905) 541-2228 or fill out a free consultation form. One of our skilled criminal lawyers will speak to you and assist in putting forward your best defence.