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Police did not entrap men in child sex cases, Supreme Court of Canada rules

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OTTAWA — A Toronto-area police force did not entrap men in an operation aimed at buyers of sexual services from children, the Supreme Court of Canada has ruled.

The finding came Thursday in unanimous decisions in four appeals that arose from arrests and prosecutions in Project Raphael, a York Regional Police investigation that began in 2014.

As part of the probe, police placed fake classified ads in the escorts section of the former website Backpage.

When someone responded, an undercover officer posing as the escort would disclose in an ensuing text chat that she was underage.

Individuals who continued the chat and arranged for sex were told to turn up at a hotel room, where police arrested and charged them.

The investigation led to the arrests of 104 men for child luring and related offences between 2014 and 2017.

The Supreme Court concluded that Project Raphael was a bona fide inquiry that did not amount to entrapment under the law.

Some of the most pernicious crimes are the hardest to investigate, Justice Andromache Karakatsanis wrote in one of the rulings Thursday that spelled out the court’s reasons.

“To draw those crimes into the open, the police, acting undercover, sometimes create occasions for people to commit the very crimes they seek to prevent. Done properly, such techniques may cast new light on covert offending, unveiling harms that would otherwise go unpunished,” she said.

“But taken too far, they may tempt the vulnerable or the morally wavering into criminality, and virtue-test many others, threatening privacy and the public’s confidence in the justice system. They demand caution.”

The stakes are highest on the internet, Karakatsanis wrote.

“While the medium has made activities more efficient, widespread, and harder to track, it has also allowed state surveillance to become, potentially, ever more expansive. The dilemmas this creates for balancing law enforcement with civil liberties, the rule of law, and the repute of the justice system are ongoing.”

The court said that when the police lack reasonable suspicion that an individual is already engaged in criminal activity, the entrapment doctrine forbids them from offering opportunities to commit offences unless they do so in the course of a bona fide inquiry.

Police must reasonably suspect that crime is occurring in a sufficiently precise space, and have a genuine purpose of investigating and repressing crime, the court noted.

The court concluded that police had reasonable suspicion over a space defined with sufficient precision — in this case, the particular type of ads within the escort subdirectory of Backpage that emphasized the sex worker’s extreme youth.

In addition, the offences offered by the police were rationally connected and proportionate to the crime they reasonably suspected was occurring in that space, the court found.

This report by The Canadian Press was first published Nov. 24, 2022.

 

Jim Bronskill, The Canadian Press

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Toronto Argonauts clinch second in East with 38-31 home win over Ottawa Redblacks

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TORONTO – Chad Kelly and the Toronto Argonauts ensured there will be one more home game in their season.

Kelly threw three touchdown passes and ran for another as Toronto held on for a wild 38-31 home win over Ottawa on Saturday afternoon. The Argos (10-7) clinched second in the East Division with their third straight victory and will face the Redblacks (8-8-1) in the opening round of the CFL playoffs Nov. 2 at BMO Field.

Ottawa suffered a fifth straight loss but created plenty of angst for both the Argos and their season-high gathering of 20,487. The Redblacks outscored Toronto 25-0 in the fourth quarter to turn a seemingly one-sided game into a nail-biter that came down to the final play.

“We’ve got to finish, we’ve got to finish a lot better,” said Kelly. “It’s part of the game where you play a full 60 minutes.

“They’re a professional football team, they’re not going to give up and we’ve got to be better.”

Kelly finished 31-of-43 passing for 331 yards. He also ran 10 times for 25 yards before giving way to Cameron Dukes late in the fourth.

Ottawa’s Dru Brown completed 31-of-43 passes for 400 yards with four TDs and an interception. He began the Redblacks’ comeback by hitting Bralon Addison on a 32-yard scoring strike at 2:30 of the fourth to cut Toronto’s lead to 38-12 as the two-point convert was unsuccessful.

After being intercepted by Toronto’s Tavarus McFadden, Brown found rookie Nick Mardner on a six-yard TD pass at 12:21, then passed to Justin Hardy for the two-point convert. After Kene Onyeka recovered the onside kick, Brown connected with Hardy on a 14-yard touchdown toss and Addison for the two-point convert at 12:56.

Amazingly, Ottawa recovered another onside kick — this time via Jaelon Acklin — at the Toronto 52. Lewis Ward’s 38-yard field goal with 1:12 remaining cut the Argos’ lead to 38-31.

Toronto’s Daniel Adeboboye recovered the third onside kick at the Ottawa 42. The Argos didn’t get the first down and punted with the Redblacks taking possession at their 12-yard line with 30 seconds remaining.

With Ottawa at its 37-yard line and two seconds to play, Brown completed his final pass to Hardy at Toronto’s 52-yard line. Following a series of laterals, the game ended with offensive lineman Dariusz Bladek being tackled.

“They don’t give up, they’re no pushover,” Toronto linebacker Wynton McManis. “They have a lot of fight in them.

“The way this team is built, we know that’s not us. We know we’re a lot better than that … this will never happen again. It won’t.”

Dejon Brissett, with two, Ka’Deem Carey and Makai Polk scored Toronto’s other touchdowns. Lirim Hajrullahu booted five converts and a field goal.

Addison finished with two TDs for Ottawa.

Redblacks’ head coach Bob Dyce wasn’t surprised by his team’s resiliency and fight. But he said how the Redblacks played in the fourth is how they must play throughout an entire contest.

“I’m always going to be proud of these guys in the way they fight but we can’t allow ourselves to get into a situation where you’re down like that,” he said. “We have to start games faster than what we have.”

Ottawa finishes its regular season hosting Hamilton (7-10) on Friday. Although the Tiger-Cats have been eliminated from playoff contention, they’ve won five of their last six games.

“It’s a very meaningful game for us because we have to show we can play like that for four quarters,” Dyce said.

Before the fourth-quarter fireworks, Toronto appeared to be on cruise control. Kelly and Brissett combined to finish a 13-play, 82-yard march on a 10-yard TD pass at 13:13 of the third that put the Argos ahead 38-6.

Brown’s seven-yard TD pass to Addison at 12:23 of the second cut Toronto’s halftime lead to 28-6. Addison put the finishing touches on a five-play, 75-yard march but Benji Franklin blocked Ward’s convert try.

Toronto was dominant to that point, scoring touchdowns on its first four possessions. Kelly completed his first 12 passes for 238 yards and two TDs while also running for another before finishing the half with three straight incompletions.

Still, Toronto rolled up 297 net offensive yards, converted nine-of-15 second-down chances and held the ball for more than 19 minutes. Polk had three catches for 104 yards and a TD.

Brown was 10-of-13 passing for 123 yards, much of that coming on the scoring drive. But Ottawa had only 113 net offensive yards and ran half as many offensive plays (19) as Toronto (38).

Kelly’s 47-yard TD pass to Polk at 4:57 extended Toronto’s lead to 28-0. It followed a 29-yard TD strike to Brissett 14 seconds into the second that was set up by Wynton McManis’s fumble recovery.

Kelly’s one-yard run at 14:12 of the first put Toronto ahead 14-0 and culminated a 14-play, 98-yard march. Carey opened the scoring with a one-yard TD run on third down at 5:07.

It was the seventh play of the 91-yard drive that followed Ward’s missed 43-yard field goal try.

UP NEXT

Argonauts: Visit the Edmonton Elks (6-11) on Friday.

Redblacks: Host the Hamilton Tiger-Cats (7-10) on Friday.

This report by The Canadian Press was first published Oct. 19, 2024.



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