NCA Canadian Criminal Law Practice Exam 2025 – The Comprehensive All-In-One Guide to Exam Success!

The defence that involves claims of police misconduct leading to a stay of proceedings is entrapment. Entrapment refers to situations where law enforcement officers induce an individual to commit a criminal act that they would not have otherwise engaged in. If a defendant can successfully argue that their actions were the result of police misconduct or overreach—essentially, that the police went beyond their lawful authority to provoke the crime—this can lead to a stay of proceedings.

The rationale behind this is rooted in the principle that the justice system should not condone or reward unlawful behavior by police, which might undermine public confidence in law enforcement and the judicial process. Therefore, if the court finds that entrapment occurred, it can dismiss the charges against the accused.

Other options such as duress, provocation, and intoxication serve different purposes in criminal law. Duress involves a defendant alleging that they committed a crime because they were threatened with harm. Provocation asserts that the accused was provoked into committing an offence by an action that would cause a reasonable person to lose self-control. Intoxication may be used to argue lack of intent or to diminish culpability, but it doesn’t directly address police misconduct in the same manner as entrapment does.