Crown appeal and application for reconsideration of Gladue, 2012 ABCA 143. Crown wished to challenge ratio that before police provide an opportunity to commit an offence, there must be pre-existing reasonable suspicion that the person is involved in the criminal activity to some degree. Crown argued that the standard could be met during the course of a cold call by police through the content of the discussion, without other facts or prior verification.
Held: Application denied.
“The reasonable suspicion requirement… as applied in Gladue is not a heavy price to pay to uphold the relevant aspects of the rule of law in this province.” Majority held that policy reasons supported the rule in Gladue: the test for a bona fide inquiry, “which embodies a requirement of pre-existing reasonable suspicion”, protects against random virtue testing and discourages state-induced creation of crime. Berger, JA, concurring in result, discussed precedential value of Memorandums of Judgment versus Reasons for Judgment Reserved.
A. Attia – Defence Counsel