Rethinking the Bona Fides of Entrapment

(2011) 43 University of British Columbia Law Review 417-446

30 Pages Posted: 13 Feb 2011 Last revised: 16 Feb 2016

See all articles by David M Tanovich

David M Tanovich

University of Windsor - Faculty of Law

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

Suggested Citation

Tanovich, David M, Rethinking the Bona Fides of Entrapment. (2011) 43 University of British Columbia Law Review 417-446. Available at SSRN: https://ssrn.com/abstract=1760006

David M Tanovich (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4
Canada
519-253-3000 (ext. 2966) (Phone)

HOME PAGE: http://www.uwindsor.ca/law/tanovich/

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