Towards a Defence of Entrapment

(1979) 17:2 Osgoode Hall Law Journal 261-284

24 Pages Posted: 14 Mar 2014

See all articles by Robert Kirkwood Paterson

Robert Kirkwood Paterson

University of British Columbia - Faculty of Law

Date Written: 1979

Abstract

In the late 1970s, Canada seemed to have become a centre for allegations involving lawlessness by police officers. Civil rights advocates expressed concern that these revelations had not given rise to the level of public concern and disapprobation that would seem appropriate. Apart from lack of proof in specific instances, the justification for this inertia seemed to be a widespread belief in the fundamental honesty of our law enforcement agencies and a sympathy for the difficulty of the policeman's task.

This article discusses the arguments for and against a substantive defence of entrapment. It is submitted that in Canada there is a pressing need for an independent defence which ignores the defendant's predispositions and focuses on the conduct of the police.

Keywords: Canada, Criminal law, Entrapment, Defences

Suggested Citation

Paterson, Robert Kirkwood, Towards a Defence of Entrapment (1979). (1979) 17:2 Osgoode Hall Law Journal 261-284 . Available at SSRN: https://ssrn.com/abstract=2408182

Robert Kirkwood Paterson (Contact Author)

University of British Columbia - Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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