Emails reveal concern over ‘ Mr. Big’ decision
Comments imply force’s ability to obtain confessions crippled by ruling on undercover technique
Publicly, the RCMP said it respected the guidance provided by Canada’s top court when it released a decision this summer reining in the use of a controversial undercover technique for eliciting confessions from suspects.
But behind the scenes, there appeared to be concern in some quarters that the decision had severely hamstrung the force’s ability to carry out so- called “Mr. Big” stings.
One sergeant in criminal operations support sent out an email showing an image of a fancy, custom motorcycle followed by another image of a child’s bicycle with training wheels. “Mr. Big went from this … to this,” the message read.
Heavily redacted emails and briefing notes, obtained by Postmedia News through access- to- information laws, also show that the RCMP put at least a temporary hold on the covert operations — known within the force as the Major Crime Technique — following the court decision.
“Presently, all MCT investigations are on hold as a result of the heightened media attention on the use of MCT,” said a briefing note prepared for the commissioner after the July 31 Supreme Court of Canada ruling.
The RCMP refused to say this week whether Mr. Big operations had resumed. “We do not comment on ongoing investigations,” spokesman Cpl. David Falls said in an email.
Falls also would not comment on the email that was circulated, saying it “does not reflect the official position of the RCMP.”
“The RCMP takes the decision by the Supreme Court very seriously and will continue to ensure that whenever the Major Crime Technique is deployed in serious criminal investigations, that it meets the criteria laid out by the court,” Falls said.
He added that Canadian law enforcement officials met last month as part of a national working group to develop a “consistent approach” for the use of the technique.
In a Mr. Big operation, officers posing as members of a criminal organization befriend the suspect and then gain the suspect’s trust with money, booze and companionship.
They get the suspect to carry out jobs for the group and slowly involve him in staged criminal acts, including money laundering, drug trafficking and physical assaults.
Eventually, a meeting is set up with the group’s boss, Mr. Big, designed to get the suspect to confess to a past crime.
The Supreme Court ruling this summer centred on the case of Nelson Hart, a Newfoundland man whose conviction in the drowning deaths of his twin daughters was overturned on appeal. The top court upheld that decision, saying financial and social inducements provided to Hart during a four- month sting raised serious doubts about the reliability of his confession.
The court did not ban the use of Mr. Big, but it did say that Mr. Big confessions should be presumed to be inadmissible and set out criteria for determining when they should be allowed as evidence in court.
Trial judges will have to consider the extent of inducements offered and any threats made, as well as the sophistication and mental health of the accused. They must examine the level of detail in the confession itself and whether the accused provided details of the crime that were not already public.
Following the decision, an RCMP memo indicated that headquarters would be working with each division to “establish consistent operating procedures.” Undercover coordinators were told to ensure that their employees “read and familiarize themselves with the Supreme Court decision.”
They were also told to report to headquarters any cases that were “deemed to have possible negative implications” as a result of the court decision.
Asked this week if any cases were negatively impacted, Falls said, “there were no impacts on any cases where the ( Mr. Big) technique was used from the RCMP’s perspective. However, once these cases make their way through the court process, it will be up to the Court to determine whether the RCMP acted within the law and the framework set down by the ( Supreme Court).”
In September, Crown prosecutors in Nova Scotia dropped a first- degree murder charge against Albert Rex Baird, who was accused of killing his commonlaw wife and had been ensnared in a Mr. Big sting.
Crown attorney Bob Morrison told local reporters that there was no reasonable prospect of conviction in light of the Supreme Court of Canada ruling.