Can a police officer be a member of a conspiracy?

Manitoba, Canada


The following excerpt is from R. v. Devloo and Ong, 2017 MBQB 180 (CanLII):

The object of a conspiracy must be an indictable offence; the co-conspirators must intend to be part of the agreement – a common design, it is frequently called – which is different from an intention to assist another to commit an offence. Of course, mere knowledge of a conspiracy is not an agreement, nor is participation in a criminal scheme (although both can provide evidence from which an agreement can be inferred). The object does not have to be achieved, but the fact that it was will be evidence of the conspiracy. As a matter of law, a police agent cannot be a member of a conspiracy because they do not intend to carry out the unlawful act (see United States of America v. Dynar, 1997 CanLII 359 (SCC), [1997] 2 S.C.R. 462 (S.C.C.)).

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