Following convictions for trafficking in a controlled substance and possession of proceeds of crime, the accused brought a post‑trial motion seeking a stay of proceedings on the basis of police entrapment and also renewed an application for further disclosure regarding a confidential informant.
The court considered whether a police “cold call” offering an opportunity to sell drugs occurred before the officer had reasonable suspicion that the accused was engaged in drug trafficking.
The court held that the exchange between the undercover officer and the accused during the initial call gave rise to reasonable suspicion before any offer to purchase drugs was made.
The accused therefore failed to establish entrapment or a breach of s. 7 of the Charter.
The renewed disclosure request relating to confidential informant information was also dismissed as an impermissible fishing expedition into privileged material.
