Entrapment Defence: How to Fight Unlawful Police Conduct

The entrapment defence in criminal law is a crucial legal argument that protects individuals from unlawful police tactics that induce them to commit a crime they otherwise would not have committed. Entrapment occurs when law enforcement officers or government agents coerce, pressure, or manipulate a person into breaking the law.

While law enforcement is allowed to conduct undercover operations, they cannot provoke someone into committing a crime. If entrapment is proven, a court may stay the proceedings, meaning the charges will not proceed to trial.

This article explains what entrapment is, how it applies in Canadian criminal law, how courts evaluate entrapment claims, and how an experienced criminal defence lawyer can use this defence to challenge charges.

What Is Entrapment in Canadian Criminal Law?

Entrapment occurs when law enforcement:

1. Provides an individual with an opportunity to commit a crime without reasonable suspicion that they were already engaged in criminal activity.
2. Induces or coerces an individual to commit a crime they would not have otherwise committed.

The Supreme Court of Canada has established that entrapment is a procedural defence rather than a justification for committing a crime. This means that a person who has committed an offence can still argue that they were wrongfully induced to commit the act by police.

Types of Entrapment

Entrapment generally falls into two categories:

1. Random Virtue Testing

• This occurs when police or undercover officers approach an individual without any reasonable suspicion and encourage them to engage in illegal activity.
• Example: An undercover officer randomly approaches someone on the street and asks them to sell drugs without prior indication that they were involved in drug trafficking.

2. Inducement or Coercion

• This occurs when law enforcement pressures, harasses, or manipulates an individual into committing a crime.
• Example: An officer repeatedly pressures someone to engage in an illegal act, such as buying stolen property, even after the person initially refuses.

How Entrapment Defence Works in Canada

The entrapment defence can be used when police tactics cross the line from investigation into coercion. Courts evaluate entrapment claims based on whether police acted fairly and within legal limits.

To prove entrapment, a defence lawyer must demonstrate that:

1. There was no reasonable suspicion that the accused was already engaged in criminal activity.
2. The police or government agents engaged in improper inducement, pressure, or deception.

Entrapment is considered a Charter violation under Section 7 of the Canadian Charter of Rights and Freedoms, which guarantees the right to life, liberty, and security of the person.

Key Factors Courts Consider in Entrapment Cases

When a judge evaluates an entrapment claim, they consider several key factors:

• Did the police have reasonable suspicion? – The court examines whether police had legitimate grounds to believe the accused was already involved in criminal activity before initiating contact.
• Did the accused willingly commit the crime? – If an individual was already engaged in illegal activity, entrapment is harder to prove.
• Did police actions amount to inducement? – The court considers whether police coerced, pressured, or harassed the accused into committing the crime.
• Was the opportunity created by police, or was the crime already planned? – If the accused had no prior intention to commit a crime, but police influenced their decision, entrapment may apply.

Examples of Entrapment in Criminal Cases

Entrapment commonly arises in cases involving undercover police investigations. Some of the most frequent examples include:

• Drug Trafficking Cases – If police pressure an individual into selling drugs despite no prior involvement, an entrapment claim may be valid.
• Prostitution Stings – If an undercover officer aggressively solicits someone to engage in prostitution, it could be considered entrapment.
• Weapons or Firearms Cases – If law enforcement convinces someone to illegally buy or sell a weapon when they had no prior intent, it may constitute entrapment.
• Online Sting Operations – If police pose as someone online and manipulate a suspect into committing a crime they would not have otherwise committed, the entrapment defence may apply.

Defending Against Entrapment Charges

To successfully argue entrapment as a defence, an experienced criminal defence lawyer will:

1. Examine Police Conduct – A lawyer will review whether law enforcement acted lawfully or crossed ethical boundaries.
2. Challenge the Prosecution’s Evidence – The defence may argue that the accused was unfairly influenced by police rather than committing a crime of their own free will.
3. File a Charter Motion – A defence lawyer may file a Charter application arguing that the police violated the accused’s Section 7 Charter rights.
4. Seek a Stay of Proceedings – If entrapment is proven, the court may stay the charges, preventing prosecution from proceeding.

Limitations of the Entrapment Defence

While entrapment is a valid defence, it does not apply in every case. If a person was already engaged in criminal activity and police simply provided an opportunity to commit a crime, the court may reject the entrapment claim.

For example, if police targeted an individual who was already trafficking drugs and provided them with an undercover buyer, it would not typically be considered entrapment.

Why Entrapment Defence Requires an Experienced Criminal Lawyer

Entrapment is a complex legal defence that requires substantial evidence and strong legal arguments. Successfully proving entrapment involves:

• Analyzing undercover police tactics
• Challenging the validity of the investigation
• Filing motions to exclude improperly obtained evidence
• Cross-examining police officers in court

A skilled criminal defence lawyer understands how to build a compelling entrapment defence and can fight to have the charges stayed or withdrawn.

Why Choose De Boyrie Law for Your Entrapment Defence?

At De Boyrie Law, we specialize in defending individuals against criminal charges where entrapment may be a factor. Our team has extensive experience challenging improper police conduct, filing Charter applications, and securing favourable outcomes for our clients.

We provide:

• Expert legal analysis of undercover investigations
• Aggressive defence strategies against entrapment claims
• Charter applications to challenge unlawful police conduct
• Personalized legal representation focused on achieving the best results

If you believe you were entrapped by law enforcement, we can help build a strong defence and protect your rights.

Schedule a Free Consultation with De Boyrie Law

If you are facing criminal charges and believe you were a victim of entrapment, contact De Boyrie Law today for a free, confidential consultation. We will review your case, explain your legal options, and develop a defence strategy tailored to your situation. Call now to protect your rights and fight back against unlawful police conduct.