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Reasonable Suspicion is Dangerous

Resource type
Author/contributor
Title
Reasonable Suspicion is Dangerous
Abstract
This article examines the reasonable suspicion requirement in the entrapment defence as applied in Canadian terrorism prosecutions. Although designed as an objective safeguard against state overreach, reasonable suspicion has proven highly malleable in practice, often shaped less by concrete conduct than by institutional narratives of threat, vulnerability, and deviance. Drawing on all five terrorism-related entrapment cases in Canada to date, the article demonstrates how courts have permitted markers of ideology, religion, and identity to serve as proxies for criminal intent. While Canadian jurisprudence has formally rejected the American subjective predisposition test, the case law reveals a troubling drift toward a distinct form of subjectivity: one grounded in perceived ideology or motive. In this way, suspicion attaches to who a defendant is imagined to be--because of their beliefs--rather than to what they have done.
Publication
Criminal Law Quarterly
Publisher
Canada Law Book Inc.
Place
Aurora, Canada
Date
Feb 2026
Volume
74
Issue
1
Pages
26
Accessed
7/20/26, 2:55 PM
ISSN
00111333
Language
English
Library Catalog
ProQuest
License
Copyright Canada Law Book Inc. 2026
Extra
Num Pages: 26
Citation
Al-Alami, B. (2026). Reasonable Suspicion is Dangerous. Criminal Law Quarterly, 74(1), 26. https://www.proquest.com/docview/3320779062/38888F4D450A438CPQ/4
Author / Editor