Application for a stay on the basis of entrapment after accused pleaded guilty to trafficking oxycodone. Offence took place at Tim Hortons in downtown Edmonton, a noted location in EPS’s undercover ‘Operation Disorder’, which targeted drug trafficking. Undercover officer asked a group of people, which included accused, if they knew where he could find any “pint” (meth). He testified that his intention was to initiate a conversation to buy drugs or to see if the group had information on where he could buy drugs. Undercover ultimately bought Percocet from the accused.
Held: Entrapment not established.
First category of entrapment described in Mack, 1988 CanLII 24 (SCC), at issue – whether police had reasonable suspicion or were acting pursuant to bona fide inquiry. Court reviewed cases and considered when the “opportunity to commit a crime” was offered. Officer’s questions in this case amounted to a legitimate investigative step following Imoro, 2010 SCC 50, and he was acting as part of a bona fide inquiry into drug trafficking in the area.
D. Macleod – Defense Counsel