04-35 Source Management – Confidential Source

Question 1

What is the Rationale?

Answer 1

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.

Question 2

Supervision -
 Supervisory Officer notification mandatory

Answer 2

 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

Question 3

Supervision -  Covert Operations – Source Management notification mandatory

Answer 3

 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

Question 4

Procedure -
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
 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

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
 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

Question 6

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

Answer 6

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.

Question 7

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

Answer 7

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.

Question 8

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.

Answer 8

first officer, kept confidential

Question 9

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:

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 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.

Question 10

Police Officer - When assessing the reliability of the source SHALL always consider a potential source’s

Answer 10

motivation for providing information.

Question 11

Police Officer - When considering whether to establish a relationship with a source SHALL, without delay

Answer 11

 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 12

Police Officer - Officers SHALL not establish or continue a relationship with a source where they have had or are having a

Answer 12

personal or business relationship.

Question 13

Police Officer - When communicating with a source SHALL
 exercise caution
 not

Answer 13

 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

Question 14

Police Officer - Prior to any meeting with a source SHALL

Answer 14

 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

Question 15

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

Answer 15

 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.

Question 16

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.

Answer 16

assigned Confidential Source Number only

Question 17

Police Officer - After each subsequent 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 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.

Question 18

Police Officer - In the case of an unscheduled communication or meeting SHALL

Answer 18

 notify a supervisory officer as soon as possible after the event has occurred
 comply with item 8

Question 19

Police Officer - Prior to using any information provided by a source

Answer 19

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

Question 20

Police Officer - When requesting payment to a source SHALL comply with ______.
When requesting consideration in the form of a crown letter SHALL comply with _______.

Answer 20

Appendix A, Appendix B

Question 21

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

Answer 21

 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 22

Supervisory Officer - When notified by an officer of an intended meeting with a source SHALL

Answer 22

 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

Question 23

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

Answer 23

 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

Question 24

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 24

 ensure that the Controller and the Unit Commander are notified forthwith
 notify the detective sergeant

Question 25

Detective Sergeant - When a source is used SHALL

Answer 25

 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

Question 26

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

Answer 26

Controller and Unit Commander are notified forthwith.

Question 27

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

Answer 27

take the necessary action.

Question 28

Controller – Intelligence Services – Covert Operations - The Controller SHALL

Answer 28

 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

Question 29

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

Answer 29

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

Question 30

Definitions - Agent

Answer 30

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.

Question 31

Definitions - Confidential Source (Source)

Answer 31

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.

Question 32

Definitions - Confidential Source – Level 1

Answer 32

means a confidential source who is not a Confidential Source – Level 2.

Question 33

Definitions - Confidential Source – Level 2 means

Answer 33

 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.

Question 34

Definitions - Controller – Source

Answer 34

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.

Question 35

Definitions - Crown Letter – Source

Answer 35

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.

Question 36

Definitions - Handler

Answer 36

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.

Question 37

Definitions - Handler – Level 1

Answer 37

means any police officer from the Toronto Police Service who can handle level 1 sources only.

Question 38

Definitions - Handler – Level 2

Answer 38

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.

Question 39

Definitions - Restricted Source

Answer 39

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.