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‘Mr. Big’ back in the spotlight

Friday, July 06, 2018 @ 11:26 AM | By Timothy Moore

The Innocence Project at the Osgoode Hall Law School has asked the Supreme Court to reconsider a 2000 murder conviction based on a confession obtained during a “Mr. Big” operation (R. v. Simmonds [2000] B.C.J. No. 1316). The SCC had declined to hear the appeal in 2003 but the legal landscape has changed since then. In 2014 the Hart decision (R. v. Hart [2014] 2 S.C.R. 544) created a new common law rule of evidence that made confessions arising from the Mr. Big procedure presumptively inadmissible. Simmonds...