Entrapment made out where police engaged in racial profiling

In R. v. Faqi (Alta. P.C.), the trial judge concluded that the police targeted the accused for an opportunity drug buy not on the basis of reasonably suspicious behaviour but rather because of the fact that he was Black and wearing baggy clothing. Based on her finding of racial profiling, the trial judge concluded that Faqi had been entrapped and stayed his drug charge.

In another recent case, a trial judge concluded that a stop of a vehicle was arbitrary, in part, because the officer relied on the fact that the vehicle occupants were Hispanic. The officer had been investigating an assault where the three assailants were described as Hispanic. The problem was that there were no other descriptive features of the assailants and the stop of the accused was not proximate in distance or time to the assault. See R. v. Moran, [2010] O.J. No. 1356 (S.C.J.). Unfortunately, while the trial judge was satisfied that the stop was racially influenced, he did not provide a remedy under section 24(2) notwithstanding that it was not a serious case. The accused was charged with breach of recognizance and possession of a prohibited weapon (i.e. brass knuckles).

Once these cases are available, they will be posted on the LEAP website under Research -- Important Cases.