SUPREME
COURT OF CANADA
Between:
Aliu
Imoro
Appellant
and
Her
Majesty The Queen
Respondent
-
and -
Attorney
General of Ontario
Intervener
Coram : LeBel, Deschamps, Fish, Abella, Charron, Rothstein and
Cromwell JJ.
Reasons for
Judgment :
(para. 1)
|
LeBel J. (Deschamps, Fish, Abella, Charron, Rothstein and
Cromwell JJ. concurring)
|
R. v. Imoro, 2010 SCC 50, [2010] 3 S.C.R. 62
Aliu Imoro Appellant
v.
Her Majesty The
Queen Respondent
and
Attorney
General of Ontario Intervener
Indexed as: R. v. Imoro
2010 SCC 50
File No.: 33649.
2010: November 8.
Present: LeBel, Deschamps, Fish, Abella, Charron, Rothstein and
Cromwell JJ.
on appeal from the court of appeal for ontario
Criminal law —
Defences — Entrapment — Conduct of police officer not constituting entrapment.
APPEAL from a
judgment of the Ontario Court of Appeal (Laskin, Blair and Watt JJ.A.), 2010
ONCA 122, 264 O.A.C. 362, 251 C.C.C. (3d) 131, 207
C.R.R. (2d) 146, 72 C.R. (6th) 292, [2010] O.J. No. 586 (QL), 2010 CarswellOnt
771, setting aside the accused’s acquittals and substituting convictions.
Appeal dismissed.
Benjamin Moss, for the appellant.
Nicholas E. Devlin and Lisa Csele, for the respondent.
Leanne Salel and Robert W. Hubbard, for the intervener.
The
judgment of the Court was delivered orally by
[1]
LeBel J. — Like the Court of Appeal for Ontario, we are all of the view that
there was no entrapment. On the facts of this case, the brief conversation
between the police officer and the appellant near his apartment could not
ground a finding of entrapment. The appellant himself allowed the police
officer to witness a criminal drug transaction. The appellant was not induced
to commit a crime, but was actually engaged in his criminal activities. By
reason of our conclusion on entrapment, we need not express any opinion on the procedural issues raised by the parties in the courts below. The
appeal is dismissed.
Judgment
accordingly.
Solicitor for the appellant:
Benjamin Moss, Toronto.
Solicitor for the respondent:
Public Prosecution Service of Canada, Toronto.
Solicitor for the intervener:
Attorney General of Ontario, Toronto.