What Is an Entrapment Defence in Canada?
The entrapment defence in Canada is a means by which a defendant can get charges dismissed if he or she can show that the police used one of two methods to bring about a criminal act. There is opportunity-based and inducement-based entrapment.
If the defence can show that the police gave an opportunity to an individual to commit a crime which that individual was unlikely to have otherwise committed—because that person was not otherwise already involved in criminal activity, that is grounds for an opportunity-based entrapment defence and dismissal of charges.
If the defence can show that the police induced someone to commit a crime by the used of trickery or deceit or threat and, in essence, forced their hand, that is the basis for an inducement-based entrapment defence.
Entrapment defences are typically used after a decision has been made about a case but before sentencing, although evidence of entrapment needs to be introduced early in the case. And entrapment defences may not be used in all circumstances or with all crimes—such as murder.
An entrapment defence may only be used against police officers. A private citizen cannot argue that another private citizen used entrapment. Also, there are limitations to the entrapment defence. It cannot be used in any extradition-related proceedings.
The point here with an entrapment defence is whether or not the police went beyond their scope of duty and made a crime happen in order to make an arrest.
Michael Bloom is a very experienced criminal defence lawyer, who started his career as a Crown Prosecutor.
If you have any questions about this article or would like to schedule a free consultation with Mr. Bloom, please call his office at (604) 603-5513 or Toll-Free at (877) 603-5513.