04-35 Source Management - Confidential Source

Question 1

What is the Rationale?

Answer 1

Confidential Sources (sources) play a vital role in law enforcement, and it has long been recognized that they are an effective means of obtaining and developing 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.

Question 2

Supervision

Supervisory Officer notification mandatory

Answer 2

• when considering whether to establish a relationship with a source o prior to any meeting with a source
  o after any communication or meeting with a source
  o if the applicable reports or handler notes will not be submitted electronically in accordance with this Procedure by the end of the current tour of duty
  o upon becoming aware that the safety of a source may have been compromised

Question 3

Supervision

• Covert Operations – Source Management Section notification mandatory

Answer 3

o prior to using any source information obtained from a person who is a first time source
o prior to using any source information obtained from a source, under 18 years of age
o prior to any communication or meeting with a source in a custodial setting outside of the Service’s control
o prior to sending any source documents to any external agency
o immediately upon becoming aware a source has been compromised
o immediately upon receipt of source information obtained from any special constable

Question 4

Procedure

Source Management is a high risk area of policing that requires close supervision, control and accountability of both confidential sources and their handlers. All officers SHALL consider the following primary concerns when establishing a relationship with a source

Answer 4

• public safety
• officer safety
• safety of the source
• the administration of justice
• the integrity of the Service
• corporate liability

Question 5

Sources

The following information SHALL be taken into consideration when dealing with sources

Answer 5

• a source is an asset of the Service and is not the exclusive asset of any one police officer
• the Controller may assign or remove handlers for individual sources at their discretion, based on the source information and/or the experience and capabilities of the handler
• all payments made to a source SHALL only be dispersed by a member of Covert Operations – Source Management Section (CO–SMS).
• 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).

Question 6

Sources

• caution SHALL be used when dealing with sources who are

Answer 6

o facing criminal charges
o subject to any stage of an immigration inquiry
o subject to a parole or probation order

Question 7

Source Privilege

Source privilege is a strict common law rule that obliges the police, Crown and judiciary to protect any information that may reveal a source’s identity or their status as a source. As such, the identity of a source SHALL be

Answer 7

protected in accordance with case law. Source privilege SHALL never be extended to a material witness. All requests regarding information on the identity of a source shall be referred to CO-SMS by e-mail.

Question 8

Confidentiality

Confidentiality commences immediately after the first officer undertakes that the information provided will be kept confidential, whether or not the source is later formally registered with CO–SMS. No source files or sensitive information SHALL

Answer 8

be saved or contained on any device or information system outside the restricted controls of the Service. This includes any USB, external drive, portable electronic device or cloud based storage.

Question 9

Utilizing Source Information – Mandatory CO-SMS Notification

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:

Answer 9

• 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 18 Years of Age – any source information obtained from a source, under 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;
• Source in Custody – prior to meeting or communicating with any source in a custodial setting outside the Service’s control, the handler SHALL notify CO-SMS and receive documented authorization to do so. The documented authorization SHALL be attached to the TPS 270 or TPS 276 submission in accordance with this Procedure;
• External Agencies - prior to sending any source documents to any external agency SHALL notify and consult with a member of CO-SMS;
• Special Constables - source information obtained from any special constable SHALL NOT be actioned. A member of CO-SMS SHALL be notified immediately;
• When information is received that impacts National Security; and
• When information is received that involves high level Organized Crime.

Question 10

Confidential Source Vetting Protocol

In order to ensure a consistent process to prevent any inadvertent disclosure of information that may identify and/or compromise any source utilized by the Service, the Confidential Source Vetting Protocol (the Protocol) was developed. In all instances, when a criminal and/or drug charge is laid and source information was received and used during the investigation, the Protocol outlined in Appendix C shall be followed.
The Protocol ensures

Answer 10

a meeting is scheduled by the assigned Crown or Federal Prosecutor within 45 days of the date of arrest. This meeting provides the opportunity for the case manager and source handler(s) to jointly vet any information that could potentially reveal the identity of a source.

Question 11

Police Officer

1. When assessing the reliability of the source SHALL always consider

Answer 11

a potential source’s motivation for providing information.

Question 12

Police Officer

2. When considering whether to establish a relationship with a source SHALL, without delay

Answer 12

• 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

Question 13

Police Officer

3. Officers SHALL not establish or continue a relationship with a source where

Answer 13

they have had or are having a personal or business relationship, or where the source has been designated as a Restricted Source.

Question 14

Police Officer

4. When an officer has been designated as a Restricted Handler, SHALL

Answer 14

follow all conditions of the restriction outlined to them by CO-SMS.

Question 15

Police Officer

5. When communicating with a source
   * SHALL exercise caution
   * SHALL not

Answer 15

o use a source as an agent without prior approval of the Unit Commander – INT
o permit a source to conduct unauthorized illegal activities
o make promises contrary to Legislative or Service Governance
o make promises which cannot be fulfilled or for which they are not authorized to make
o discuss confidential police business or internal procedures with or in the presence of a source
o discuss personal business in the presence of a source
o introduce a source to the family of any member of the Service
o give/accept directly or indirectly a gift or money from a source or their family
o permit the source to pay for any goods or services received by a member
o pay or commit to pay for services without prior authorization and approved documentation
o commit to protective measures without prior approval by INT – Covert Operations – Witness Assistance & Relocation Program section as directed in Procedures

Question 16

Police Officer

6. Prior to any meeting with a source SHALL

Answer 16

• conduct a Person Query, including a CPIC check
• notify a supervisory officer 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
  o details of the scheduled meeting including date, time and location
  o name and badge number of the supervisory officer notified
  o name and badge number of the secondary officer attending

Question 17

Police Officer

After the initial communication or meeting with the source SHALL, without delay

Answer 17

• notify a supervisory officer
• make the following entries in the memorandum book or case book
  o details and information received from the communication or meeting
  o name and badge number of the supervisory officer notified
  o name and badge number of the secondary officer who attended, if applicable
• prior to reporting off duty, complete a TPS 270 and TPS 276 electronically in the Source Management System, ensuring that all details of the contact are included and handler notes are attached
• forward all reports to a supervisory officer prior to the completion of the current tour of duty
• if the TPS 270, TPS 276 or handler notes will not be submitted by the end of the current tour of duty, SHALL
  o seek prior approval from a supervisory officer,
  o make an entry in the memorandum book or case book detailing the reason for the delay
  o (including the name and badge number of the supervisory officer who approved the delay),
  o submit all reports and handler notes at the first opportunity, and
  o notify the supervisory officer when completed
• Delaying the completion of source reports and handler notes represents a serious risk to the Service and should only be approved by supervisors in exceptional circumstances.

Question 18

Police Officer

8. When receiving confirmation that a source has been registered by CO–SMS SHALL

Answer 18

identify the source by the assigned Confidential Source Number only in all future reports, internal correspondence, memorandum books and case books.

Question 19

Police Officer

9. After each subsequent communication or meeting with the source SHALL, without delay

Answer 19

• notify a supervisory officer
• make the following entries in the memorandum book or case book
  o details and information received from the communication or meeting
  o name and badge number of the supervisory officer notified
  o name and badge number of the secondary officer who attended, if applicable
• complete a TPS 276 electronically in the Source Management System, containing all details of the communication or meeting with the source and ensure handler notes are attached
• forward to a supervisory officer prior to the completion of the current tour of duty * if the TPS 276 or handler notes will not be submitted by the end of the current tour of duty, SHALL
  o seek prior approval from a supervisory officer,
  o make an entry in the memorandum book or case book detailing the reason for the delay
  o (including the name and badge number of the supervisory officer who approved the delay),
  o submit all reports and handler notes at the first opportunity, and
  o notify the supervisory officer when completed
• When multiple communications or meetings occur within the same tour of duty, all incidents may be recorded on a single TPS 270 or TPS 276. A single notification to the supervisory officer is sufficient.

Question 20

Police Officer

10. In the case of an unscheduled communication or meeting SHALL

Answer 20

• notify a supervisory officer as soon as possible after the event has occurred

Question 21

Police Officer

11. Prior to using any information provided by a source

Answer 21

• 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 18 years of age, the handler SHALL
  o consult with a member of CO-SMS
  o obtain documented authorization that states that the source information can be actioned
• if the source is in a custodial setting outside of the Service’s control, the handler SHALL
  o notify and consult with a member of CO-SMS, prior to communicating or meeting with the source
  o obtain documented authorization to meet with the source
• ensure that the documented authorization is attached to the required TPS 270 or TPS 276 submission
• if the information was given to, or initiated by a special constable SHALL
  o not action the source information
  o notify a member of CO-SMS immediately

Question 22

Police Officer

12. When a criminal and/or drug charge is laid and source information was used during the investigation, SHALL

Answer 22

comply with the Protocol.

Question 23

Police Officer

13. When it is determined that source information will be shared verbally with an authorized police officer from an external police service, SHALL

Answer 23

ensure all applicable details are recorded in the memorandum book or case book.

Question 24

Police Officer

14. When a request is received from an external agency for any documentation related to source material, SHALL

Answer 24

contact a member of CO-SMS prior to sharing any documents.

• Members are reminded that source information is only to be shared with police officers. Requests from any other agents or agency that is not a police service, SHALL be referred to a member of CO-SMS for direction.

Question 25

Police Officer 15. When requesting payment to a source SHALL

Answer 25

comply with Appendix A.

Question 26

Police Officer 16. When requesting consideration in the form of a crown letter SHALL

Answer 26

comply with Appendix B.

Question 27

Police Officer 17. 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

Answer 27

* 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

Question 28

Police Officer Supervisory Officer 18. When notified by an officer of an intended meeting with a source SHALL

Answer 28

* carefully consider the primary concerns * determine whether to permit o the continuation of a relationship with a source o 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 o the date, time and location of the intended meeting o the primary and secondary officers’ names and badge numbers o when assigned, the Confidential Source Number

Question 29

Supervisory Officer 19. When notified by an officer that a communication or meeting has taken place SHALL

Answer 29

* ensure all applicable reports and handler notes are submitted by the officer before the end of the current tour of duty * 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 o the date, time and location of the communication or meeting o the primary and secondary officers’ names and badge numbers o the Confidential Source Number * if approving a delay for the submission of the required reports and handler notes beyond the officer’s tour of duty * notify the Detective Sergeant and provide reasons for the decision * record the reasons for the decision, as applicable * direct the officer to submit all required reports and handler notes at the first available opportunity, and * follow up to ensure the reports and handler notes have been submitted, as required

Question 30

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

Answer 30

* ensure that the Controller and the Unit Commander are notified forthwith * notify the Detective Sergeant

Question 31

Detective Sergeant 21. When a source is used SHALL

Answer 31

* ensure that the officer and supervisory officer comply with all the requirements set out in this Procedure * ensure reports are accurately completed and submitted with handler notes attached forthwith * when notified that an officer has been approved to delay a submission of the required reports or handler notes, SHALL evaluate the decision of the supervisory office and take any action they deem necessary * ensure when a delayed submission has been authorized that the required reporting has been submitted at the first available opportunity * sign and submit the reports in a secure fashion to the Unit Commander forthwith

Question 32

Detective Sergeant 22. 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

Answer 32

ensure the Controller and Unit Commander are notified forthwith.

Question 33

Officer in Charge 23. When a criminal and/or drug charge is laid, and source information was used during the investigation, immediately following the arrest, SHALL

Answer 33

ensure compliance with Appendix C.

Question 34

Unit Commander 24. When in command of a unit SHALL

Answer 34

* ensure a detective sergeant is assigned to review all source–related reports * review and sign all reports * forward all reports in a secure fashion to CO-SMS forthwith

Question 35

Unit Commander 25. When notified by a supervisory officer or detective sergeant that the safety of a source may have been compromised as a result of the source’s identity having been revealed SHALL

Answer 35

ensure the Controller is notified forthwith.

Question 36

Controller – Intelligence Services – Covert Operations 26. When notified that the safety of a source may have been compromised as a result of the source’s identity having been revealed SHALL

Answer 36

take the necessary action.

Question 37

Controller – Intelligence Services – Covert Operations 27. The Controller SHALL

Answer 37

* determine the appropriate classification of all sources * ensure that an appropriate handler is assigned * ensure a Confidential Source Number is − assigned upon receipt of the initial TPS 270 * communicated to the original submitting police officer by email * the only identifier on any subsequent documentation or report * All subsequent TPS 276s 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.

Question 38

Controller – Intelligence Services – Covert Operations 28. The Controller SHALL ensure the distribution and disclosure of source files are only made

Answer 38

under the written direction of the Unit Commander – INT or the Chief of Police.

Question 39

Unit Commander – Intelligence Services 28. The Unit Commander – INT SHALL

Answer 39

* ensure the integrity of the Service’s Source Management Program as directed in this Procedure

Question 40

Definitions 04-35 Agent means

Answer 40

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.

Question 41

Confidential Source (Source) means

Answer 41

a person who is registered with Intelligence Services – Covert Operations – Source Management Section (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.

Question 42

Controller – Source means

Answer 42

the Detective Sergeant – Intelligence Services – Covert Operations – Source Management Section (CO-SMS) 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 is responsible for the Source Management Program of the Toronto Police Service.

Question 43

Crown Letter – Source means

Answer 43

a document provided to the crown attorney by Intelligence Services – Covert Operations – Source Management Section (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.

Question 44

Handler means

Answer 44

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

Question 45

Restricted Handler means

Answer 45

an officer who has been restricted by Intelligence Services – Covert Operations – Source Management Section (CO-SMS). The officer is required to adhere to all conditions of the restriction imposed by CO-SMS.

Question 46

Restricted Source means

Answer 46

a person who has been restricted by Intelligence Services – Covert Operations – Source Management Section (CO–SMS). Such a person SHALL not be used as a source by any officer unless designated by the Controller.

Question 47

Source Management System (SMS) means

Answer 47

the computer application maintained by Intelligence Services – Covert Operations – Source Management Section (CO-SMS) which is designed to manage all source related information for the Service in an electronic format. The system allows officers to complete electronic reports in relation to all source interactions, including the Initial Contact Report (TPS 270) and the Source Contact Report (TPS 276).