Ms. Carole Morency at the Justice and Human Rights Committee

On February 2nd, 2011. See this statement in context.

February 2nd, 2011 / 4:35 p.m.

Acting General Counsel, Criminal Law Policy Section, Department of Justice

The defence of entrapment is available at common law. So it's not in the Criminal Code.

But to assist you with this, section 172.1—the existing “luring a child” offence on which both new offences are modelled—engages similar types of practices to those you heard about from the witness from the OPP on Monday.

If the committee is interested, I can refer you to two cases. In one case under Internet luring the entrapment defence was successful, and in the other case the entrapment defence was unsuccessful. So it is available, it is argued, and it is argued specifically in this context.

See context to find out what was said next.