RCMP investigator should lose job for having an intimate relationship with informant: ruling

A top RCMP investigator who had a arcanum, insinuate human relationship with their secret informant risked "the integrity of an active criminal investigation" and needed to be let go, according to a recently published conduct board decision.

The Mountie, referred to as only Corporal X in the documents, admitted to the accusations against them.

"The allegations in this matter are very serious," wrote adjudicator Colin Miller in his decision. "As acknowledged by Corporal X, the nature of their relationship with the informant had the potential to, and arguably did, compromise their objectivity regarding the information they received."

The disciplinary decision was rendered late last year but only made public this month.  

While details of cases involving the RCMP code of conduct are often made public, much about this case, including names, locations and key dates, are covered by a publication ban because it involves a confidential informant. (The RCMP defines an informant as a person who provides information gained through criminal activity or association with others involved in criminal activity.)

According to the decision, Corporal X had a relationship with the informant and used information they passed on to initiate an RCMP investigation that also involved multiple other law enforcement agencies, other partners and their resources.    

"While they may have commenced a relationship with the informant before that individual started to provide them with information, once it began, Corporal X used information obtained in contravention of RCMP policy to initiate and advance a police investigation," the decision said.  

The details of the investigation are also largely redacted from the public document but the informant provided information in relation to a suspect referred to in the decision as "the Target."

Corporal X and other law enforcement officers conducted surveillance activities as part of the investigation, it said.  

During the investigation, Corporal X's colleague, Constable M, was assigned as the affiant, meaning they were tasked with writing up the warrant requests.

"On more than one occasion, Corporal X facilitated the affiant unwittingly swearing affidavits that contained misleading information, of which Corporal X was aware," wrote Miller. 

At one point Constable M confronted their superior about how they were handling the informant and the possibility that the informant was one of Corporal X's "side persons," the case notes.

Corporal X did not confirm or deny an inappropriate relationship and instead directed Constable M to submit a further warrant application to the court in relation to the ongoing investigation," said the decision. 

"In misleading Constable M by failing to disclose their relationship with the informant, Corporal X effectively misled the court. This is of grave concern and has the potential to bring the administration of justice into disrepute," wrote Miller. 

At some point the informant was deactivated and the investigation was discontinued. 

During the hearing, Corporal X admitted that the reason they had not been frank with their colleagues about the source of the information was to hide their extramarital affair.  

Miller said while he didn't hear testimony as to whether the RCMP's relationships with its partners were damaged, "it is reasonable to conclude that Corporal X's actions had the potential to significantly alter ongoing collaborative efforts." 

Miller said Corporal X was co-operative and remorseful throughout the conduct process. However, he took one of the most severe disciplinary avenues available and directed X to resign within 14 days or be dismissed.

"Given the potential for their misconduct to disrepute the justice system, their retention could erode the public trust in the RCMP," Miller said. 

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