Exposing Mr. Big

What is Mr. Big?

Created by the Royal Canadian Mounted Police in the early 1990s, the Mr. Big sting operation is a covert technique for extracting confessions from suspects. This procedure involves undercover officers posing as members of a fictitious criminal organization. They build a relationship with the suspect, gain their confidence, and then secure their help in a succession of criminal acts (e.g., delivering goods, credit card scams, selling guns) for which they are paid. They befriend the suspect, gradually integrating them into the supposed gang and gaining their trust. Eventually, the suspect is introduced to the organization's "boss," Mr. Big, who pressures the suspect to confess to past crimes to prove their loyalty and secure their position within the group.

Success Stories and Controversies

The Mr. Big technique has been praised for its effectiveness in solving cold cases and securing convictions in instances where traditional investigative methods have failed. Several high-profile cases have seen justice served thanks to confessions obtained through this elaborate ruse. According to the R.C.M.P., this strategy has been used in hundreds of leadless cases in Canada, with a 95 percent success rate in securing convictions and admissions of guilt from suspects.

However, the procedure is not without its critics. Concerns have been raised about the ethical implications and potential for abuse. Critics argue that the intense psychological manipulation involved can lead to false confessions, particularly from vulnerable individuals desperate for acceptance or afraid of retribution. Moreover, the legal grey area surrounding entrapment and the admissibility of confessions obtained through deceit adds another layer of complexity to the debate.

The Nelson Hart Case

The flaws of the Mr. Big procedure came to light during the R v. Hart case. Nelson Hart, from Newfoundland, Canada, was charged in June 2005 with the deaths of his 2-year-old twin daughters, who drowned on August 4, 2002. Hart claimed that he had taken the girls to Little Harbour, where Krista fell off a wharf. Unable to swim and panicking, Hart left to get help, leaving Karen behind. He later claimed to have had a seizure when Krista fell. Karen fell into the water during his absence. Despite returning with his wife, both girls tragically died.

The Mr. Big operation began in October 2002. Surveillance revealed Hart was socially isolated, had few friends, was on social assistance, and had a history of seizures. Operatives befriended Hart, offering him money for small jobs and introducing him to a fictitious criminal organization. He was lured with money, luxurious trips, and promises of full-time membership in the gang.

In spring 2003, Hart met Mr. Big, who confronted him about his daughters' deaths and dismissed his seizure explanation. Under pressure, Hart confessed to pushing the girls off the wharf and reenacted the event for the operatives. This videotaped confession was the prosecution's key evidence at trial, leading to his conviction in 2007 for first-degree murder.

Hart appealed, and in 2012, the Court of Appeal ordered a new trial, finding his confession coerced. Chief Justice Green stated, "For Mr. Hart... there was very little downside to telling Mr. Big what he wanted to hear." The court noted that Hart's Charter rights had been violated.

The Crown appealed to the Supreme Court of Canada, which in 2014 ruled that confessions from Mr. Big operations would be "presumptively inadmissible." Justice Moldaver emphasized the need for corroborating evidence and careful scrutiny of police conduct to prevent coercion and abuse.

The Rafay–Burns case

Another one of the most notable cases involving the Mr. Big technique involved Sebastian Burns and Atif Rafay, who were convicted of murder in 2004 based largely on confessions obtained through a Mr. Big sting. The case, featured in the documentary The Confession Tapes, raised questions about the reliability of the confessions. Rafay described the experience as "a manufactured story, a pressure cooker environment" that coerced them into confessing. Rafay and Burns are supported by multiple innocence projects and as of 2016 had been appealing their case for over a decade. The Netflix documentary series The Confession Tapes covers the Rafay–Burns case in the first two episodes.

Legal Reforms and Continuing Debate

The Canadian legal system has grappled with the challenges posed by the Mr. Big operation. In 2014, the Supreme Court of Canada issued a landmark ruling in R v. Hart, establishing stricter guidelines for the admissibility of confessions obtained through this method. The ruling emphasized the need for corroborating evidence and highlighted the potential for coercion and abuse.

Despite these reforms, the debate over using the Mr. Big technique remains heated. Proponents argue that it is a vital tool for law enforcement, while opponents call for its abolition, citing the risk of wrongful convictions and ethical concerns.

How Can You Participate?

You can make a difference by joining advocacy groups focused on criminal justice reform, which offer opportunities to learn more and participate in campaigns for change. Engaging in social media activism allows young people to raise awareness and mobilize peers by sharing information and joining online discussions about the ethical concerns surrounding Mr. Big operations.

You can also contact local politicians and government departments that oversee law enforcement practices. Contacting your local representatives, writing letters, and participating in public forums can pressure policymakers to reconsider and reform controversial practices like Mr. Big's operations.