Reference no: EM133278691
Case: Limitations on the Use of the Mr. Big Strategy: A Case From the Appeal Court of Nova Scotia
As part of their investigation into a murder, police officers dressed up as gang members in order to elicit a confession from a woman that she was an accessory to the murder. the officers were searching for her friend, a former MMA fighter, who was suspected of being the killer. Posing as outlaw motorcycle gang members, the two officers confronted the woman in the undergrounds parking garage of her apartment building. They told the woman they had been sent "by higher-ups from out west to clean up the mess" left behind by her friend, the killer. The officers called her a "rat", swore at her, blocked her from leaving the garage, prevented her from using her cellphone, and then drove her to another city two hours away. The woman confessed to the officers that she had helped her friend destroy evidence and escape. He was later arrested on a beach in Venezuela.
The woman was charged with being an accessory to murder. At trial, her defence lawyers argued that the police had violated her right to silence. The trial judge agreed, and the woman was acquitted. The Crown appealed and the appeal court, citing the decision of the SCC in R. v. Hart, denied the appeal in a unanimous decision. Writing for the court. one of the judges stated, "It is unacceptable use of police tactics to coerce confessions that is problematic."
Question 1: Do you agree with the decision of Supreme Court of Canada? Please explain and support your answer.
Question 2: Do you believe discretion was utilized appropriately? Please explain and support your answer.
Question 3: What does this case demonstrate when considering the decision-making powers Police officers have? Please consider both the positive and negative implications. Again, please explain and support your answer.