OHTA.ca

Hey all can you please help me settle an argument, does entrapment apply to the Highway Traffic Act and if so what are some instances when it does apply.

Do a forum search on entrapment. I believe this was covered in a prior post.

No it does not..it falls under the criminal charges and only in cases where a police officer induces or rewards a person into doing something that they would not normally do.

I am curious in that how you figure you were entrapped though.

OPS

I was not entrapped the question is only for sake of argument, but would a speed trap where you are marked at one point and then another later and then timed and from that your average speed is derived and then ticketed for that speed be considered entrapment because you were not actually caught in the act of speeding making use of entrapment?

no, entrapment is where an officer would tell someone to break the law, then charge them for the law they just broke

In that case what is the difference between entrapment and mistake of law?

Entrapment is when police induce someone to commit an offence or engage in what the Courts have referred to as "random virtue testing". A mistake of law would be when someone commits a criminal offence, but had no intent to do so based on an honest, mistaken belief.

Entrapment does apply to provincial offences, including the HTA.