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About KMizutani

Kenryo Mizutani is a 2020 Juris Doctor candidate at the University of Calgary. Kenryo received a Bachelor of Arts (summa cum laude) in Economics and International Relations from Boston University and a Master of Public Administration (with Distinction) in International Development from the London School of Economics and Political Science.

By: Kenryo Mizutani

PDF Version: What is the Threshold for Entrapment?

Case Commented On: R v Turgeon-Myers, 2019 ABQB 493

In the heist film “Entrapment,” Mac, a professional thief (played by Sean Connery), says, “I don’t like surprises.” Gin, an undercover agent pretending to be a thief herself (played by Catherine Zeta-Jones), replies: “Trust me, there won’t be any.” Mac then replies: “Trust me, there always are surprises.” And there always are surprises.

At first glance, R v Turgeon-Myers, 2019 ABQB 493, may seem like a case about entrapment. Yet upon closer examination, a careful reader may be surprised to learn that there is an evidentiary issue beneath the issue of entrapment. Similar to my earlier blog article about the informant privilege, Turgeon-Myers involved a police informant. This informant provided the police with information about drug trafficking, and the police subsequently conducted an undercover operation to make an arrest. The accused, while initially admitting guilt, applied for a stay of proceedings on the basis of entrapment. Continue reading →

By: Kenryo Mizutani

PDF Version:Informer Privilege: A Fickle Friend?

Case Commented On: R v Named Person X, 2018 ABQB 827 (CanLII)

In the series “Mission: Impossible” the protagonist Ethan Hunt knows what is at stake. Before every new assignment, a self-destructing tape informs him of his new mission. The message ends with a disclaimer: “as always, should any member of your team be caught or killed, the Secretary will disavow all knowledge of your actions.” In serving his state, he knows that the state is a fickle friend: if he is compromised, he cannot expect any assistance. At least Ethan Hunt is fully aware of this before he sets off.

The situation of Named Person X (NPX) in the recent Alberta Court of Queen’s Bench decision, R v Named Person X, 2018 ABQB 827 (CanLII) is similar to Ethan Hunt’s. NPX is allegedly a police informer, and leaked information that resulted in successful arrests of several people. However, there is a twist: NPX was among those arrested. Just like the Secretary in “Mission: Impossible”, the Crown would “neither confirm nor deny that any informer privilege exists in relation to the Accused [NPX]” (at para 16). NPX filed an application for an order directing the Crown to disclose source handler notes related to NPX’s activity as an informer, and the central issue in Named Person X was whether this application should be granted or whether the notes were protected by informer privilege.

Continue reading →