Case information

Criminal law — Abuse of process — Entrapment — Luring — Whether, in light of R. v. Ahmad, 2020 SCC 11, Project Raphael was a bona fide police inquiry — What is the proper analysis to be applied in determining whether a virtual space is sufficiently precisely and narrowly defined to meet the standard of a bona fide inquiry?

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The appellant, Temitope Dare, was arrested and charged with offences under ss. 172.1(1)(a) (child luring under 18), 172.1(1)(b) (child luring under 16), and 286.1(2) (communicating to obtain sexual services from a minor) of the Criminal Code, R.S.C. 1985, c. C-46. The charges arose out of Project Raphael designed by the York Regional Police — an undercover investigation that began in 2014 with the objective of reducing the demand for sexual services from juveniles in the region by targeting the “buyer side”. As part of the investigation, the police posted fake advertisements in the “escorts” section of the online classified advertising website Backpage.com. When individuals responded to the ads, an undercover officer posing as an escort would disclose in the ensuing text chat that “she” was underage. Individuals who continued the chat and arranged sexual services and a price were directed to a hotel room to complete the transaction and were arrested and charged on their arrival.

A jury found the appellant guilty of all three offences. The trial judge stayed the convictions under ss. 172.1(1)(b) (child luring under 16) and 286.1(2) (communicating to obtain sexual services from a minor), pursuant to Kienapple v. The Queen, [1975] 1 S.C.R. 729. The trial judge then dismissed the application for a stay of proceedings based on entrapment. The appellant’s appeal from the convictions and the ruling on entrapment was dismissed.