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Regina v. E.T. (2016)

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Charges of Luring x 2 and obtaining the sexual services of someone under 18, withdrawn after extensive pre-trials. E.T. was charged in a York Regional Police sting operation. The police place an ad on the Backpages for an escort of 18 years of age. During texting, the undercover officers indicates that the pretend escort is younger than 18. In this case, the officer sent a single text to E.T. and there was no direct reply by E.T. There was no confirmation or acknowledgement by E.T. of the alleged age. Joseph Neuberger conducted extensive legal research and had several pre-trials and a judicial pre-trial. Joseph Neuberger argued that the Crown must establish that the accused knew the age and although it could be inferred, there was no evidence from the text messages that gave any evidence that E.T. had actually read the text. Further, Joseph Neuberger argued that the timing of the text with the age overlapped in time with a text sent by E.T. and he thus may not have seen the text with the age. As a result, the Crown withdrew the charge.

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