Case information

Criminal law — Abuse of process — Entrapment — Commodification of sexual activity — Whether Quebec Court of Appeal erred in determining that offences under s. 286.1(1) and 286.1(2) of Criminal Code are rationally and proportionally connected — Whether trial judge’s factual findings support legal conclusion that police had reasonable suspicion to believe that offence under s. 286.1(2) of Criminal Code was committed on chosen Internet sites — Criminal Code, R.S.C. 1985, c. C 46, s. 286.1.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Fake advertisements were published by the police on certain sites specialized in offering sexual services. Mr. Brodeur replied to one of those fictitious offers, which was entitled [TRANSLATION] “Young novice Kate in Laval”. He communicated with a woman, who introduced herself as the go between but who was, in reality, an undercover police officer. Following several exchanges, he went to the hotel room where she had set up a meeting for him. He paid the price agreed upon and then made his way towards the next room, where he believed that he would meet the escort in question, knowing that she was 16 years old. Once inside, he was arrested by the police. Before a jury, he was convicted of the offence under s. 286.1(2) of the Criminal Code. He brought a motion based on entrapment and abuse of process, which was dismissed. The Quebec Court of Appeal dismissed Mr. Brodeur’s appeal dealing with the issue of entrapment because the trial judge did not err in his analysis of the criteria in the case law.