04-35 Source Management – Confidential Source Flashcards
What is the Rationale?
Policing is moving towards more intelligence–led strategies, while at the same time making efficient use of limited resources. Sources (informants) have a legitimate place in law enforcement, and it has long been recognized that they are one of the most cost–effective means of obtaining information. Professional and ethical management of sources is paramount in maintaining public confidence in the Toronto Police Service (Service). The proper management of sources is a key component of risk management.
This Procedure sets out clear guidelines to ensure that sources are dealt with in a consistent manner and all information obtained is fully utilized. Compliance with this Procedure will ensure that the use of a source is properly supervised, confidentiality is maintained, and the security of sources and police officers is protected.
Supervision -
Supervisory Officer notification mandatory
when considering whether to establish a relationship with a source
prior to any meeting with a source
after any communication or meeting with a source
upon becoming aware that the safety of a source may have been compromised
Supervision - Covert Operations – Source Management notification mandatory
prior to using any source information obtained from a person who is a first time source
prior to using any source information obtained from a source, under eighteen (18) years of age
Procedure -
All officers SHALL consider the following primary concerns when establishing a relationship with a source
public safety
officer safety
safety of the source
the administration of justice
the integrity of the Service
corporate liability
Sources -
The following information SHALL be taken into consideration when dealing with sources
a source is an asset of the Service and is not the exclusive asset of any one police officer
confidential sources – level 2 SHALL only be designated by the Controller
confidential sources – level 2 SHALL only be managed by handlers – level 2 unless otherwise approved by the
Controller
all payments made to a source SHALL only be dispersed by a member of CO–SMS. See Appendix A
If the source requests advice regarding taxation for money received from this Service, they SHALL be advised that financial awards from the Service are considered taxable income, however since the source is not a Service employee, T4 slips will not be issued.
all crown letters issued on behalf of a source SHALL only be provided by the Unit Commander – Intelligence Services (INT).
caution SHALL be used when dealing with sources who are
facing criminal charges
subject to any stage of an immigration inquiry
subject to a parole or probation order
Sources -
The following information SHALL be taken into consideration when dealing with sources
a source is an asset of the Service and is not the exclusive asset of any one police officer
confidential sources – level 2 SHALL only be designated by the Controller
confidential sources – level 2 SHALL only be managed by handlers – level 2 unless otherwise approved by the
Controller
all payments made to a source SHALL only be dispersed by a member of CO–SMS. See Appendix A
If the source requests advice regarding taxation for money received from this Service, they SHALL be advised that financial awards from the Service are considered taxable income, however since the source is not a Service employee, T4 slips will not be issued.
all crown letters issued on behalf of a source SHALL only be provided by the Unit Commander – Intelligence Services (INT).
caution SHALL be used when dealing with sources who are
facing criminal charges
subject to any stage of an immigration inquiry
subject to a parole or probation order
Source Privilege -
All requests regarding information on the identity of a source SHALL be referred to ______. A source’s identity is privileged and SHALL not be _______.
When a charge is laid in a matter where information from a source is involved, the case manager SHALL notify
CO–SMS by e–mail,
disclosed to anyone other than a sworn police officer without the source’s consent
CO–SMS in writing on a TPS 276 as soon as practicable.
Source Privilege -
All requests regarding information on the identity of a source SHALL be referred to ______. A source’s identity is privileged and SHALL not be _______.
When a charge is laid in a matter where information from a source is involved, the case manager SHALL notify
CO–SMS by e–mail,
disclosed to anyone other than a sworn police officer without the source’s consent
CO–SMS in writing on a TPS 276 as soon as practicable.
Confidentiality -
Confidentiality commences immediately after the ______undertakes that the information provided will be______, whether or not the source is later formally registered with CO–SMS.
first officer, kept confidential
Utilizing Source Information -
There are inherent risks associated to the utilization of information provided by a source. To mitigate the potential for these risks, and to ensure officers are fully informed prior to acting on source information, it is mandatory for CO-SMS to be notified in the following instances:
First Time Confidential Source – prior to acting on any source information obtained from a person who is a first time source, the handler SHALL notify and consult with a member of CO-SMS
Source Under eighteen (18) Years of Age – any source information obtained from a source, under eighteen (18) years of age, SHALL not be actioned until the handler has consulted with a member of CO-SMS and received documented authorization that states that the information can be actioned.
Police Officer - When assessing the reliability of the source SHALL always consider a potential source’s
motivation for providing information.
Police Officer - When considering whether to establish a relationship with a source SHALL, without delay
carefully consider the primary concerns
advise the source that their background SHALL be checked against all available resources
conduct a Person Query, including a CPIC check
advise a supervisory officer
upon establishing a relationship with a source, consult with CO–SMS
Police Officer - Officers SHALL not establish or continue a relationship with a source where they have had or are having a
personal or business relationship.
Police Officer - When communicating with a source SHALL
exercise caution
not
use a source as an agent without prior approval of the Unit Commander – INT
permit a source to conduct unauthorized illegal activities
make promises contrary to Legislative or Service Governance
make promises which cannot be fulfilled or for which they are not authorized to make
discuss confidential police business or internal procedures with or in the presence of a source
discuss personal business in the presence of a source
introduce a source to the family of any member of the Service
give/accept directly or indirectly a gift or money from a source or their family
permit the source to pay for any goods or services received by a member
pay or commit to pay for services without prior authorization and approved documentation
commit to protective measures without prior approval by INT – Covert Operations – Witness Assistance & Relocation Program section as directed in Procedure 04–37
adopt the moral standards of a source
Police Officer - Prior to any meeting with a source SHALL
conduct a Person Query, including a CPIC check
notify a supervisory officer within twenty four (24) hours of the scheduled meeting providing the supervisory officer
with the date, time, location and secondary officer’s name and badge number
ensure that a second officer will be present at the time of the meeting with a source in all circumstances
make the following entries in the memorandum book or case book, if applicable
details of the scheduled meeting including date, time and location
name and badge number of the supervisory officer notified
name and badge number of the secondary officer attending
Police Officer - After the initial communication or meeting with the source SHALL, without delay
notify a supervisory officer
make the following entries in the memorandum book or case book, if applicable
details and information received from the communication or meeting
name and badge number of the supervisory officer notified
name and badge number of the secondary officer who attended, if applicable
complete a TPS 270, TPS 276 and, if required, a TPS 277 ensuring that all details of the contact are included
forward all reports to a supervisory officer in a secure fashion prior to the completion of the current tour of duty or
as directed by a supervisory officer
Handwritten reports SHALL not be accepted by CO–SMS and SHALL be returned to the officer’s Unit Commander for action.
Police Officer - When receiving confirmation that a source has been registered by CO–SMS SHALL identify the source by the ______ in all future reports, internal correspondence, memorandum books and case books.
assigned Confidential Source Number only
Police Officer - After each subsequent communication or meeting with the source SHALL, without delay
notify a supervisory officer
make the following entries in the memorandum book or case book and, if applicable
details and information received from the communication or meeting
name and badge number of the supervisory officer notified
name and badge number of the secondary officer who attended, if applicable
complete a TPS 276 and, if required, a TPS 277 containing all details of the communication or meeting with the source and forward to a supervisory officer in a secure fashion prior to the completion of the current tour of duty or as directed by a supervisory officer
When multiple communications or meetings occur within the same tour of duty, all incidents may be recorded on a single TPS 276 or TPS 277. A single notification to the supervisory officer is sufficient.
Police Officer - In the case of an unscheduled communication or meeting SHALL
notify a supervisory officer as soon as possible after the event has occurred
comply with item 8
Police Officer - Prior to using any information provided by a source
if the person is a first time source, the handler SHALL notify and consult with a member of CO-SMS
if the source is under eighteen (18) years of age, the handler SHALL
consult with a member of CO-SMS
obtain documented authorization that states that the source information can be actioned
Police Officer - When requesting payment to a source SHALL comply with ______.
When requesting consideration in the form of a crown letter SHALL comply with _______.
Appendix A, Appendix B
Police Officer - Upon becoming aware that the safety of a source may have been compromised as a result of the source’s identity having been revealed SHALL
ensure the safety of the source
immediately notify a supervisory officer
immediately notify the Controller, detailing the circumstances, the potential risk to the source, and the effect on
the related investigation
Supervisory Officer - When notified by an officer of an intended meeting with a source SHALL
carefully consider the primary concerns
determine whether to permit
the continuation of a relationship with a source
the meeting with the source to occur
ensure the officer complies with all responsibilities set out in this Procedure
make the following entries in the memorandum book or case book, if applicable
the date, time and location of the intended meeting
the primary and secondary officers’ names and badge numbers
when assigned, the Confidential Source Number
Supervisory Officer - When notified by an officer that a communication or meeting has taken place SHALL
ensure reports submitted by the officer are accurately completed
sign and submit the reports in a secure fashion to the detective sergeant forthwith
make the following entries in the memorandum book or case book, if applicable
the date, time and location of the communication or meeting
the primary and secondary officers’ names and badge numbers
the Confidential Source Number
Supervisory Officer - When notified by an officer that the safety of a source may have been compromised as a result of the source’s identity having been revealed SHALL
ensure that the Controller and the Unit Commander are notified forthwith
notify the detective sergeant
Detective Sergeant - When a source is used SHALL
ensure that the officer and supervisory officer comply with all the requirements set out in this Procedure
ensure reports submitted are accurately completed
sign and submit the reports in a secure fashion to the Unit Commander forthwith
Detective Sergeant - When notified by a supervisory officer that the safety of a source may have been compromised as a result of the source’s identity having been revealed SHALL ensure the
Controller and Unit Commander are notified forthwith.
Controller – Intelligence Services – Covert Operations - When notified that the safety of a source may have been compromised as a result of the source’s identity having been revealed SHALL
take the necessary action.
Controller – Intelligence Services – Covert Operations - The Controller SHALL
determine the appropriate classification of all sources
ensure the handler is of the appropriate level given the classification of the source, and if not, ensure that an
appropriate handler is assigned
ensure a Confidential Source Number is
assigned upon receipt of the initial TPS 270 and TPS 276
communicated to the original submitting police officer by email
the only identifier on any subsequent documentation or report
All subsequent TPS 276 and TPS 277s SHALL identify the source by the Confidential Source Number only. Under no circumstances SHALL the identity of the source be divulged on any source–related report, memorandum book or case book once the Confidential Source Number has been assigned.
comply with Appendix A when receiving a request for payment to a source
comply with Appendix B when receiving a request for crown consideration
Controller – Intelligence Services – Covert Operations - The Controller SHALL ensure the distribution and disclosure of source files are only made under the
written direction of the Unit Commander – INT or the Chief of Police.
Definitions - Agent
means a person who acts on behalf of the police and under their direction, which may result in them becoming a material and compellable witness. The identity of the agent is subject to disclosure.
Definitions - Confidential Source (Source)
means a person who is registered with Intelligence Services – Covert Operations – Source Management (CO–SMS) and voluntarily provides information of some usefulness or interest to the Toronto Police Service with respect to the prevention and detection of crimes, with the explicit or implicit expectation of confidentiality. This person would generally not become a witness or require protection as a result of their involvement or the information they have provided.
A confidential source is an asset of the Toronto Police Service and is not the exclusive asset of any one police officer.
A confidential source does not include a person who provides a statement to police as part of routine police inquiries into alleged offences; e.g. a witness to a crime.
There are two levels of confidential sources: Confidential Source – Level 1 and Confidential Source – Level 2.
Definitions - Confidential Source – Level 1
means a confidential source who is not a Confidential Source – Level 2.
Definitions - Confidential Source – Level 2 means
a source under the age of 18 (young person), or
a source whose information could be considered:
multi–jurisdictional;
may affect national security;
involves organized crime;
is beyond the resources or the source–handling abilities of the officers involved;
at the discretion of the Controller.
Unless otherwise approved by the Controller, a confidential source – level 2 SHALL be managed by a Handler – Level 2.
Definitions - Controller – Source
means the Detective Sergeant – Intelligence Services – Covert Operations who ensures the effective control, accountability and evaluation of the source, continually assessing the risks and managing all information provided by the source. The Controller – Source is responsible for the Source Management Program of the Toronto Police Service.
Definitions - Crown Letter – Source
means a document provided to the crown attorney by Intelligence Services – Covert Operations – Source Management (CO–SMS) on behalf of a source seeking consideration for that source’s assistance to the police. All crown letters issued on behalf of a source SHALL only be provided by the Unit Commander – Intelligence Services. See Procedure 04–35, Appendix B.
Definitions - Handler
means a police officer who has received information from a source and who has been so designated by the Controller or designate. A handler, on behalf of the Toronto Police Service, is responsible for the:
development of a source
integrity of any contact
acquisition and dissemination of information received from the source.
There are 2 levels of handlers: Handler – Level 1 and Handler – Level 2.
Definitions - Handler – Level 1
means any police officer from the Toronto Police Service who can handle level 1 sources only.
Definitions - Handler – Level 2
means any police officer from the Toronto Police Service who has been accredited and designated by the Controller or designate. A handler – level 2 can manage agents, and level 1 and level 2 sources. For the purposes of agents, a handler – level 2 is also responsible for:
the management of agents on behalf of the Service
considering the primary concerns
the acquisition and dissemination of information from that agent.
Definitions - Restricted Source
means a person who has been restricted by Intelligence Services – Covert Operations – Source Management (CO–SMS). Such a person SHALL not be used as such by any officer unless designated by the Controller.
