Home Canada York Regional Police did not entrap men in child sex cases, Supreme Court of Canada rules

York Regional Police did not entrap men in child sex cases, Supreme Court of Canada rules

by News Desk
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Jim Bronskill, Canadian Press

Published Thursday, November 24, 2022 at 8:42 PM EST

OTTAWA – Canada’s Supreme Court has ruled that police in the Toronto area failed to trap men in an operation targeting purchasers of sexual services from children.

The findings were unanimously decided on Thursday in four appeals arising from arrests and indictments at Project Rafael. yoke A local police investigation that began in 2014.

As part of the investigation, the police posted a fake classifieds ad on the escort section of the backpage of the former website.

When someone responded, an undercover agent disguised as an escort revealed that she was underage in a subsequent text chat.

Individuals who continued chatting and arranging sex were told to come to their hotel rooms, where police arrested and charged them.

The investigation found that between 2014 and 2017, 104 men were arrested for child abduction and related crimes.

The Supreme Court concluded that Project Raphael was a bona fide investigation that would not be entrapped under the law.

Justice Andromake Karakatsanis wrote Thursday in one of the rulings explaining the court’s reasoning that some of the most egregious crimes are the most difficult to investigate.

“In order to bring these crimes to light, the police sometimes act undercover and create opportunities for people to commit the very crimes they are trying to prevent. It may shed new light on the crimes committed and reveal harms that would otherwise go unpunished,” she said.

“But if we go too far, we can lure vulnerable and morally shaken people into crime, test the virtues of many others, and threaten public confidence in privacy and the justice system. demands your attention.”

The stakes are among the highest on the internet, writes Karakatsanis.

“While this media has made operations more efficient, more widespread and harder to track, it also has the potential for greater state surveillance than ever before. , the rule of law, and the ongoing dilemma of balancing the reputation of the judicial system.”

Courts rule that if the police lack a reasonable suspicion that an individual has already been involved in criminal activity, the opportunity to commit the crime under the doctrine of arrest unless the police offer an opportunity to commit the crime in the course of a bona fide investigation. It is prohibited to provide

Police must reasonably suspect that crimes are occurring in a sufficiently precise space and must have a genuine purpose to investigate and suppress crimes, the court noted.

The court concluded that the police had reasonable suspicion of space defined with sufficient precision.

Moreover, the court found that the crimes filed by the police were reasonably related and proportionate to the crimes they reasonably suspected were occurring in the space.

This report by the Canadian Press was first published on November 24, 2022.

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