Rethinking the Bona Fides of Entrapment

Abstract

The law of entrapment has received very little scholarly attention in Canada despite the fact that its reliance on branding neighbourhoods and other locations as "high crime areas" and its low visibility encounters serve to engender discriminatory policing. This article relies on recent Charter decisions in other contexts to argue that an anti-racist lens is now required as part of the assessment of the bona fides of the investigation branch of the entrapment test from R v Barnes.

Keywords: Entrapment, Charter, Ancillary Powers Doctrine, Racial Profiling, Criminal Law, Canada