What is the defence of entrapment?

British Columbia, Canada


The following excerpt is from R. v. Evans, 1996 CanLII 3116 (BC SC):

31 The foundation of the defence of entrapment is set out in Mack v. R. (1989), 67 C.R. (3d) p. 1 (S.C.C.). Lamer J. (Now C.J.C.) defined entrapment as follows (p. 49): ... there is entrapment when: (a) the authorities provide a person with an opportunity to commit an offence without acting on a reasonable suspicion that this person is already engaged in criminal activity or pursuant to a bona fide enquiry; or (b) although having such a reasonable suspicion or acting in the course of a bona fide enquiry, they go beyond providing an opportunity and induce the commission of an offence.

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