The Supreme Court of Canada has ruled the “Mr. Big” scenario is not admissible at trial, unless the Crown proves it should be.
The sting involves undercover cops posing as gang bosses and getting suspects to confess to crimes.
Lawyer Russell Silverstein with the Association in Defense of the Wrongfully Convicted is elated.
“This decision is groundbreaking. It creates an entirely new rule as to the admissibility of confessions.”
He says this decision will rock the legal world, including cases currently in progress.
“If the jury’s already heard the confession, then there has to be a reconsideration. And if under the new rules the jury shouldn’t have heard it, there will be a mistrial and start again.”
Silverstein says confessions made in Mr. Big stings have always been suspect in his mind and likely to lead to wrongful convictions.