Accused pleaded guilty to trafficking in methamphetamine. Drugs were sold to an undercover officer working as part of “Operation Derailment”. Accused sought a s 24(1) stay on the basis of entrapment.
Held: Stay granted.
“I find the main purpose of Operation Derailment was to respond to the prevalence of violent crimes … it was the belief that drugs were the catalyst … however, the statistical data did not support … [the police] subjective experiences”. Crown did not establish a reasonable suspicion. At least one purpose of the operation was to incarcerate those involved in drug trafficking to prevent them from returning to the area. Police were not engaged in a bona fide investigation.
D. MacLeod – Defence Counsel