Akash Ghotra Appellant v. Her Majesty The Queen, 2021 SCC 12

SUPREME COURT OF CANADA Citation: R. v. Ghotra, 2021 SCC 12, [2021] 1 S.C.R. 521 Appeal Heard: April 13, 2021 Judgment Rendered: April 13, 2021 Docket: 39215 Between: Akash Ghotra Appellant and Her Majesty The Queen Respondent - and - Canadian Civil Liberties Association, British Columbia Civil Liberties Association and Criminal Lawyers’ Association of Ontario Interveners Coram: Wagner C.J. and Abella, Moldaver, Karakatsanis, Côté, Brown and Rowe JJ. Unanimous Judgment Read By: (para. 1) Wagner C.J. Akash Ghotra Appellant v.

Her Majesty The Queen Respondent and Canadian Civil Liberties Association, British Columbia Civil Liberties Association and Criminal Lawyers’ Association of Ontario Interveners Indexed as: R. v. Ghotra 2021 SCC 12 File No.: 39215 .

2021 : April 13 .

Present: Wagner C.J. and Abella, Moldaver, Karakatsanis, Côté, Brown and Rowe JJ. on appeal from the court of appeal for ontario Criminal law — Abuse of process — Entrapment — Internet child luring — Accused starting conversation in internet chat room with undercover police officer posing as underage girl — Accused proposing that they meet for sex and later arrested at meeting place — Accused convicted of internet child luring at trial but applying for stay of proceedings based on entrapment — Trial judge concluding that officer did not provide opportunity to commit offence and dismissing application — Majority of Court of Appeal dismissing accused’s appeal — Conviction upheld.

APPEAL from a judgment of the Ontario Court of Appeal (Hourigan, Miller and Nordheimer JJ.A.), 2020 ONCA 373 , 388 C.C.C. (3d) 416 , 455 D.L.R. (4th) 586 , 464 C.R.R. (2d) 83 , [2020] O.J. No. 2650 (QL) , 2020 CarswellOnt 8060 (WL Can.) , affirming the conviction entered by Durno J., [2016] O.J. No. 7161 (QL) , and the dismissal of the application for a stay of proceedings, 2016 ONSC 5675 , 342 C.C.C. (3d) 128, 33 C.R. (7th) 98, [2016] O.J. No. 4761 (QL), 2016 CarswellOnt 14383 (WL Can.). Appeal dismissed. Alan D. Gold , for the appellant. Katie Doherty , for the respondent.

Danielle Glatt , for the intervener the Canadian Civil Liberties Association. Gerald Chan , for the intervener the British Columbia Civil Liberties Association. Michael W. Lacy , for the intervener the Criminal Lawyers’ Association of Ontario. The judgment of the Court was delivered orally by [ 1 ] The Chief Justice — We are all of the view to dismiss the appeal for the reasons of Justice Miller of the Ontario Court of Appeal. Judgment accordingly. Solicitors for the appellant: Alan D. Gold Professional Corporation, Toronto. Solicitor for the respondent: Attorney General of Ontario, Toronto.

Solicitors for the intervener the Canadian Civil Liberties Association: Paliare Roland Rosenberg Rothstein, Toronto. Solicitors for the intervener the British Columbia Civil Liberties Association: Stockwoods, Toronto. Solicitors for the intervener the Criminal Lawyers’ Association of Ontario: Brauti Thorning, Toronto.