Jun 4, 2025

Entrapment Defense

Entrapment in Canadian Law

Entrapment is a legal concept that arises when law enforcement agents induce a person to commit a criminal offence that the person would otherwise have been unlikely to commit. In Canada, the doctrine of entrapment is recognized as a means to protect the integrity of the justice system and prevent the abuse of police powers.

Definition and Legal Basis

Entrapment occurs when police, or someone acting under their direction, provide an individual with an opportunity to commit an offence without reasonable suspicion, or when they go beyond providing an opportunity and actually induce the commission of the offence. The Supreme Court of Canada has set out the framework for entrapment in the landmark case of R v Mack (1988).

How Entrapment Works in Practice

Is entrapment a defence in Canada?

Entrapment is not a traditional defence that results in an acquittal. Instead, it is a doctrine that allows the accused to apply for a stay of proceedings if it is found that the police conduct amounted to entrapment. This means that even if the accused committed the offence, the court may halt the prosecution if the police acted improperly.

What type of defense is entrapment?

Entrapment is considered an “abuse of process” remedy rather than a substantive defence. It does not negate any of the elements of the offence, but rather focuses on the conduct of the police and the fairness of the proceedings. If entrapment is established, the appropriate remedy is a stay of proceedings, not a verdict of not guilty.

Forms and Tactics of Entrapment

What are two forms of entrapment?

There are two recognized forms of entrapment in Canadian law: (1) providing an opportunity to commit an offence without reasonable suspicion, and (2) inducing the commission of an offence. The first form occurs when police offer an opportunity to commit a crime without having a reasonable suspicion that the person is already engaged in criminal activity. The second form involves police conduct that actually persuades or pressures the individual to commit the offence.

What are the tactics of entrapment?

Common tactics of entrapment include undercover operations, stings, and scenarios where police pose as criminals or potential buyers/sellers to catch individuals committing offences. The key issue is whether the police merely provided an opportunity or went further and induced the offence. Courts will examine the nature and extent of police involvement to determine if entrapment occurred.

Conclusion

Entrapment serves as an important check on police powers in Canada. While it does not provide a substantive defence to criminal charges, it can result in a stay of proceedings where police conduct is found to be abusive or unfair. The doctrine ensures that the justice system maintains its integrity and that individuals are not unfairly targeted or induced to commit crimes by law enforcement.

Entrapment Defense