Following conviction on charges arising from an undercover online juvenile prostitution investigation, the applicant renewed the entrapment issue after the Supreme Court of Canada’s decision in Ahmad.

The court held that while police had a legitimate basis to investigate child sexual exploitation on the website, they did not have reasonable suspicion that this applicant was seeking sexual services from an underage person before inviting him to commit the offences.

The undercover officer’s “bait and switch” approach, including delayed disclosure of age after arrangements and price had already been discussed, constituted impermissible random virtue testing in a virtual space.

Applying the clarified entrapment framework, the court stayed the charges.