A Regina defence lawyer says a new Supreme Court ruling on a Mr. Big police sting undercover operation is “ground breaking.”
On Thursday, Canada’s highest court overturned the murder conviction of a Newfoundland man where police used Mr. Big techniques to gain a confession.
In a majority decision, the court ruled police relied too heavily on “powerful inducements” and “veiled threats” in order to obtain a confession.
In Mr. Big sting operations, undercover police officers typically pose as a fictitious criminal organization and lure a suspect in with promises of big money payouts, friendship and power.
The operations can last several months and even involve staged assaults and fake murders in order to establish the credibility of the crime gang along the way.
The investigation usually ends when the suspect is set up to make a confession to the Mr. Big crime boss.
Bob Hrycan is the lawyer representing Douglas Hales who is charged with first-degree murder in the death of Daleen Bosse of Onion Lake Cree Nation.
In 2008, RCMP officers used a Mr. Big sting operation to net a murder confession out of Hales.
During the investigation, Hales led officers to Bosse’s burnt remains in a remote wooded area near Warman.
While on trial, Hales said he did burn Bosse’s body but did not kill her.
He said he believed Bosse had died from alcohol poisoning and panicked thinking he would be charged with murder if he did not dispose of the body.
Hales said he lied to the RCMP undercover officers about killing Bosse because he was afraid of them and wanted to be part of a big money payout.
Throughout the trial, Hrycan attacked the Mr. Big sting operation’s methods as leading to a false confession.
The trial wound up at the end of June and a judge’s decision on the case is expected on Aug. 29.
Hrycan says the Supreme Court decision draws into question all statements made by suspects in a Mr. Big operation.
“In my opinion it is an earthquake in terms of this particular technique because it creates the presumption now that statements obtained by Mr. Big are inadmissible,” he says. “Whereas prior they had been presumptively admissible, that’s huge.”
He also says courts will have to place more emphasis on the psychological vulnerability and susceptibility of targets under Mr. Big sting operations as a result of the ruling.
“The decision of the court seems to suggest the importance of the statements will have something to do with the susceptibility and vulnerability of the target.”
Hrycan would not say whether the high court ruling will change his strategy in the Hales case.
The RCMP have said they plan to continue using the Mr. Big sting operation but will add new guidelines as a result of the Supreme Court ruling.