The Supreme Court of Canada will hear four appeals this week, two of which question the conduct of undercover police officers in recruiting the accused into a fake criminal organization in order to obtain their confessions, also known as a Mr. Big sting operation.
Dec. 3 — Newfoundland & Labrador — R. v. Hart
Criminal law: Nelson Hart was convicted of first-degree murder in the drowning deaths of his twin three-year-old daughters. Initially, there was not enough evidence to charge him so the police set up an operation where undercover RCMP officers recruited Hart to join a fake criminal organization. After gaining his trust and confidence, Hart confessed to killing his daughters. The majority of the Court of Appeal allowed the appeal and ordered a new trial on the basis that the trial judge erred by refusing to let Hart testify in camera and that the admission of his confession violated his s. 7 Charter rights. There is a publication ban in the case.