Undercover Operations - BC RCMP
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Two images of an undercover operator taking images and paperwork
History
Undercover operations are an essential component in the RCMP’s efforts to investigate criminal activities of various types. These can range from investigations relating to homicides, drugs or the sex-trade to organized crime, national security or financial crimes.
Launched in 1972, the RCMP’s Undercover Program has built an international reputation as one of the best of its kind and is internationally recognized for leadership in safety standards.
Officers who meet the high application standards of the program are required to successfully complete very specialized and challenging training. By nature of the covert work of officers with the Undercover Units, the content of the training is confidential.
The objective of an undercover operation can range from collecting information and evidence to obtaining a truthful admission. RCMP procedures and policies governing undercover activities are continually reviewed to ensure the techniques and methods do not jeopardize investigations or the safety of our members, the suspect, their families or the public. All undercover operations are subjected to extensive planning, review, monitoring and approval processes.
Major crime homicide technique
One of the several undercover techniques used by the RCMP to obtain information critical to the investigation is the major crime homicide technique, often called “Mr. Big” by the media. The RCMP has been very successfully using this technique since the late 1980s. At the core of this undercover technique is the creation of an environment where suspects disclose certain past activities that they may not talk about otherwise.
The RCMP major crime homicide technique is a successful program recognized by Canadian Courts. The Supreme Court of Canada decision in Regina v. Rothman, [1981] 1 S.C.R. 640 recognized certain undercover methods, such as deceit, as a legitimate and lawful way to get to the truth.
The objective of this technique is the truth. In the event there is an admission of the commission of a crime, RCMP undercover operators are trained to apply a series of techniques to determine the reliability of an admission.
The technique has been used more than 350 times across the country as of 2008. The majority of those operations have resulted in either clearing a person of interest, or in laying charges. Charges are always supported with corroborating physical evidence and/or compelling circumstantial evidence, in addition to any admission that may have been obtained through the undercover operation. Of the cases prosecuted, 95% have resulted in convictions.
This technique is not only important in bringing criminals to justice but often leads investigators to bodies of missing persons - bringing closure to families of victims. It can also be just as successful in clearing a person of interest as it is in convicting them.
Questions and answers
Q. What factors are considered when deciding to use undercover operators? How do you prioritize?
A. There are many factors to consider when deciding whether to proceed with an undercover operation. These include: investigative requirements officer safety resource feasibility public expectations nature of the crime Other factors include high risk to re-offend and commit other crimes. For example, crimes involving serial killers and contract killers are a top priority. Public safety and expectations also factor in the decision-making process because the public expects police to resolve heinous crime.
Q. What aspects of the major crime homicide technique have been challenged in court?
A. The execution of the technique has been challenged in court. Each one of those challenges has resulted in a re-evaluation of the techniques used. The program has been revised accordingly.
Q. Why are these types of investigations successful?
A. The major crime homicide technique provides an environment where suspects feel comfortable in disclosing certain past activities which they may not otherwise discuss. It promotes candor and truth, even about conduct that could be characterized as both criminal and shameful. Q. How long is the average undercover operation? A. It varies from case to case depending on the circumstances of the specific operation.
Q. Use of the Mr. Big scenarios is not allowed in the United States or in the United Kingdom. Why are Canadian police allowed to use this type of investigation technique?
A. On the contrary, evidence has been collected by the RCMP through the major crime homicide technique in both the United States and the United Kingdom. In addition, police agencies in the United States, Australia, New Zealand, South Africa and in some European counties also use this technique.
Q. Is the major crime homicide technique ethical?
A. In its 1981 decision in Rothman v. R., the Supreme Court of Canada said: It must also be borne in mind that the investigation of crime and the detection of criminals is not a game to be governed by the Marquess of Queensbury Rules. The authorities, in dealing with shrewd and often sophisticated criminals, must sometimes of necessity resort to tricks or other forms of deceit and should not through the rule be hampered in their work. What should be repressed vigorously is conduct on their part that shocks the community. The public also supports the approach. A recent poll conducted in British Columbia showed 90% of adults surveyed approve of the technique.
Q. Why is the major crime homicide technique so controversial?
A. It calls attention to itself because of its effectiveness. It is a tried, tested and true technique that successfully gets to the facts of a serious crime. The information collected through the technique, along with supporting and/or strong circumstantial evidence ensures the right person is brought to justice.
Q. Why is the RCMP so secretive about the Undercover Program?
A. The very nature of the program is covert and its continued success depends on the ability to protect the integrity of all undercover techniques.
Q. How successful are undercover major crime homicide operations?
A. In 75% of these operations, the person of interest is either cleared or charged. Of the cases prosecuted, in excess of 95% result in convictions.
Q. So what happens to the other 25%?
A. They remain unresolved.
Q. If the person of interest in an operation using the major crime homicide technique does not respond to the approach of undercover officers, does the investigation end?
A. No. Additional investigative avenues would be considered.
Q: How do you justify the use of the major crime homicide technique?
A: This technique has been used on numerous occasions and has been heavily scrutinized by the Courts across Canada, including the Supreme Court of Canada. In cases where this technique is used and evidence is scrutinized by the courts, the RCMP is guided by the findings and outcomes of those cases. This investigational technique has been accepted by the courts and has proven to be a highly successful method to determine the truth. All undercover operations are subjected to extensive planning, review, monitoring and approval processes.
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