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This is one example of what goes on between Law enforcement and informants. Why is it that you can be the biggest criminal out there but if you become an informant you will be paid and the law won't apply to you. I wonder what the general public would think about this?
Bikers, cops forge secret deals
Gang members get early prison release through pacts that don't appear in their contracts to inform, affidavits state
Monday, October 18, 2004
Four extremely violent Quebec bikers are alleging that they - and as many as three dozen other men - have enjoyed early and unsupervised releases from prison after making secret verbal deals with police and correctional authorities when they became police informants.
In one case, Montreal biker-gang member Sylvain Beaudry confessed to Montreal police in 2002 that he was paid $10,000 to kill a Toronto drug dealer on Christmas Eve in 2000. He is now free on the streets of Montreal after securing an informal early-release deal when he became a police informant.
Despite Beaudry's videotaped murder confession, a transcript of which has been obtained by the National Post, he has never been prosecuted for the Toronto killing because his statements - made during talks to turn him into a police informant - cannot legally be used as evidence against him.
Although a murder suspect in the Toronto homicide probe, Beaudry is being paid $52,000 over two years by Montreal police to help with his food bills and taxpayers are also paying to have his biker tattoos removed, Quebec government documents show.
He is expected to be a crown witness in biker trials early next year.
In another case, career criminal Patrick Henault was convicted in 2003 of a slew of charges.
They included arson, conspiracy to commit murder, attempted murder with a firearm and a series of drug and weapons trafficking charges, documents show.
Henault earned 12 years in a federal prison. By December 2003, he had been transferred to a provincial facility and was enjoying day passes to leave with an escort.
By mid-May 2004, he was no longer in prison and appeared as a police informant witness at a criminal trial in Laval.
Under federal parole regulations, Henault should not have been eligible for day passes until November 2005, and ineligible for full parole from federal prison until June 2, 2007.
A spokesperson for the Correctional Service of Canada was unaware of the allegations and was unable to make any comment. A spokesperson for the Surete du Quebec in Montreal also declined to comment.
In sworn affidavits filed in Quebec Superior Court, four violent offenders with past underworld connections allege these sorts of secret deals with Quebec police forces and correctional officials take place all the time.
The four men - who are in addition to Beaudry and Henault - allege that Surete du Quebec officers and Quebec provincial prison wardens quietly arranged for their transfer from federal prisons to provincial detention centres after they agreed to become informants and testify against other gang members.
Once at Quebec detention centres, the provincial jail wardens, working with police detectives, helped the violent offenders quickly secure successive 15-day passes for release without supervision long before they were normally eligible.
Such 15-day passes were often signed weeks and months in advance and issued for several years so the violent offender-informants didn't have to return to jail when their two-week passes expired, the offenders say in their sworn affidavits. Their lengthy criminal records normally rendered them ineligible for early release. In addition, details about their verbal release deals have allegedly been hidden from gang members who faced criminal charges based on the offenders' testimony, the sworn affidavits state.
Many violent offenders who became police informants have been relocated outside Quebec, sources said.
The affidavits from the four offenders-turned-police-informants surfaced this summer at a criminal trial in the Montreal area before Quebec Justice Pierre Tremblay, and the documents were obtained last week by the National Post.
Tremblay declined to examine the allegations of a parallel and secret early-release system, saying his criminal court was not the proper venue for such a serious investigation.
"I do not intend to transform myself into an inquiry commissioner charged with examining the treatment reserved for informant-witnesses in prison because this is not the proper forum to do this, even in an indirect manner," Tremblay said in his judgment.
Montreal criminal lawyer Jacques Normandeau gathered the sworn affidavits from the offenders, including notorious bikers Denis Boivin, Normand Tremblay, Normand Brisebois and Denis Bouthillette.
Normandeau said their verbal deals with police for unsupervised early release are never spelled out in the formal contracts they signed to become informant-witnesses. All that is disclosed is that Correctional Service Canada will work with Quebec authorities to transfer the offender-informant to a provincial detention centre while his services are required.
The failure to disclose the secret early-release deals for informants appears to violate laws and regulations governing such arrangements and raises serious questions about public safety, Normandeau says.
"These violent offenders themselves are now concerned about this parallel system because it's gone too far," Normandeau said, adding that the offenders are concerned about the Beaudry and Henault cases.
"They were very dangerous guys, and they were let out anyway. The authorities are not protecting the public, and the administration of justice is being undermined because this is being hidden from the court," he said