Erhard Haniffa v. His Majesty The King
Erhard Haniffa
Law Firm / Organization
Bytensky Shikhman
Lawyer(s)

Boris Bytensky

His Majesty The King
Law Firm / Organization
Not Specified
Lawyer(s)

Lisa Fineberg

Law Firm / Organization
Armstrong Teasdale LLP
Lawyer(s)

Katie Doherty

Director of Public Prosecutions
Law Firm / Organization
Not Specified
Criminal Lawyers' Association of Ontario
Law Firm / Organization
Brauti Thorning Zibarras LLP
British Columbia Civil Liberties Association
Law Firm / Organization
Stockwoods LLP
Canadian Civil Liberties Association
The appellant, Erhard Haniffa, was arrested charged with offences under ss. 172.1(1)(a) (child luring under 18), 172.1(1)(b) (child luring under 16), and 286.1(2) (communicating to obtain sexual services from a minor) of the Criminal Code, R.S.C. 1985, c. C-46. The charges arose out of “Project Raphael”, designed by the York Regional Police — an undercover investigation that began in 2014 with the objective of reducing the demand for sexual services from juveniles in the region by targeting the “buyer side”. As part of the investigation, the police posted fake advertisements in the “escorts” section of the online classified advertising website Backpage.com. When individuals responded to the ads, an undercover officer posing as an escort would disclose in the ensuing text chat that “she” was underage. Individuals who continued the chat and arranged sexual services and a price were directed to a hotel room to complete the transaction; they were then arrested and charged on their arrival. The trial judge found the appellant guilty on all three counts. In a post-trial application, the trial judge stayed the conviction under s. 172.1(1)(a) (child luring under 18) pursuant to Kienapple v. The Queen, [1975] 1 S.C.R. 729. The appellant’s application for a stay of proceedings on the basis of entrapment was dismissed as was his appeal from the dismissal of the entrapment application.
Supreme Court of Canada
39803
Criminal law
Respondent
24 November 2022
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