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The client was the subject of a police sting operation initiated by the Federal Bureau of Investigation (FBI) in the United States, and assisted by the Ontario Provincial Police. The offence alleged was ‘agreeing or arranging to commit an offence against a child’, contrary to section 172.2 of the Criminal Code. Defence counsel argued that the communications between the client and the FBI did not amount to an agreement or an arrangement. The Court agreed with defence counsel and found that the Crown failed to prove the offence because there was no intent to arrange the alleged offences. Mr. MS avoided a penitentiary sentence and a criminal record.