R. v. Dare, 2021 ONCA 3272022 SCC 47 (39871)

“D was 1 of 104 people arrested over the course of “Project Raphael”, an online investigation conducted by the York Regional Police that targeted the buyer side of the juvenile sex work market. In 2016, while browsing the escort subdirectory of Backpage.com, D responded to an ad placed by an undercover officer posing as “Kathy”. Communicating with D by text, “Kathy” eventually revealed that “she” was 15 years old. When D arrived at a designated hotel room to meet “Kathy”, he was arrested and charged with three offences under ss. 172.1(1)(a), 172.1(1)(b) and s. 286.1(2) of the Criminal Code. He was convicted on all counts by a jury at trial but applied for a stay of proceedings based on entrapment. The application judge dismissed the application, concluding Project Raphael was based on the police’s reasonable suspicion that the offences were occurring within a sufficiently precise space. The Court of Appeal dismissed D’s appeal.”

The SCC (9:0) dismissed the appeal. 

Justice Karakatsanis wrote as follows (at para. 7):

“In this appeal, Mr. Dare adopts the appellant submissions made in Ramelson and Haniffa, stating that “the facts in the present case are sufficiently similar, so that the same conclusions ought to follow” (A.F., at para. 23). For the reasons I have given in Ramelson, where I concluded that Project Raphael was a bona fide inquiry, I would not accede to Mr. Dare’s grounds of appeal. He was not entrapped. I would therefore dismiss the appeal.”