'Mr. Big' stings get stricter rules from Supreme Court

The Supreme Court of Canada has upheld a lower court ruling that ordered a new trial for a Newfoundland murder suspect, in a decision that puts stricter rules on how police obtain confessions through "Mr.Big" sting operations, but does not forbid the practice.

The justices ruled that so-called Mr. Big stings like the one that convicted Nelson Hart pose major problems — namely, that they tend to produce unreliable confessions and risk becoming abusive.

Mr. Big stings are controversial operations in which undercover officers pose as criminals to draw confessions from suspects.

Hart was convicted in 2007 in Newfoundland of two counts of murder in the drowning deaths of his twin three-year-old daughters based largely on his confession to undercover officers.

In 2012, a majority of the Supreme Court of Newfoundland and Labrador's Court of Appeal overturned Hart's conviction, questioning the reliability of his confession to undercover officers posing as members of the mob. The Crown appealed to the Supreme Court.

In Thursday's majority decision, Justice Michael Moldaver said, "I have concluded that the April 1 confession must also be excluded.

"As such, it is doubtful whether any admissible evidence remains upon which a jury, properly instructed and acting reasonably, could convict.

"However, the final decision on how to proceed rests with the Crown," Moldaver added.

The ruling clarifies for the first time whether the existing legal framework adequately protects the rights of individuals whose confessions were obtained through this technique, and whether these confessions should be admissible in court.

The Supreme Court said while the "Mr. Big" technique has proven to be an effective investigative tool, it comes "with a price."

Supreme Court ruling in Hart case

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