Landon Williams v. Her Majesty the Queen

(Ontario) (Criminal) (As of Right)


Criminal law - Defences - Criminal law - Defences - Entrapment - Dial-a-dope operations - What is the proper scope of bona fide investigations under R. v. Mack, [1988] 2 S.C.R. 903 - What are the requirements of reasonable suspicion in the context of dial-a-dope investigations?



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Acting on a tip from a confidential source, the police contacted Mr. Williams, appellant, and successfully purchased crack cocaine from him on two occasions. Mr. Williams was arrested, and during a subsequent search, police found a handgun and a box of ammunition in his clothing, as well as a small amount of marijuana and two cell phones. He was charged with trafficking crack cocaine, possession of the proceeds of crime, and various firearms, ammunition and breach of recognizance offences. At trial, Mr. Williams was granted a stay of proceedings with respect to the drug-related offences on the basis of entrapment. In the trial judge’s view, the police did not have a reasonable suspicion that Mr. Williams was involved in drug trafficking when they first provided him with the opportunity to commit an offence. A stay with respect to the other charges was refused. On appeal, the Crown challenged the entrapment finding. Mr. Williams cross-appealed, arguing that the other charges should be stayed. The Court of Appeal allowed the Crown appeal and entered convictions on the drug charges. Mr. Williams’ cross-appeal was dismissed.