Canadian True Crime - The Murder of Robert LeVoir

Episode Date: October 15, 2022

In 2002, the family of 25-year-old DJ Robert LeVoir reported him missing after they hadn't heard from him for two weeks. But the RCMP didn't seem to be doing much to help, in fact they didn't publicly... announce Robert's disappearance for 8 months. Understandably frustrated by the lack of progress, his family had no way of knowing that an elaborate plan to discover what had happened to Robert was already being set in motion behind closed doors. Correction note: since releasing this episode, we've been advised that Robert LeVoir's surname isn't the French pronunciation; it's instead pronounced Le-Vor. We're not able to correct all the instances of this in the episode, but our sincere apologies to anyone affected by this error.Look out for early, ad-free release on CTC premium feeds: available on Amazon Music (included with Prime), Apple Podcasts, Patreon and Supercast. Full list of resources, information sources, credits and music credits:See the page for this episode at www.canadiantruecrime.ca/episodes Hosted on Acast. See acast.com/privacy for more information.

Transcript
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Starting point is 00:00:00 Hi everyone, I hope you're well. Just quickly before I start, I wanted to say a huge thank you to all the listeners who sent in kind feedback and messages of support after the major case updates episodes. I read all your messages and I appreciate them so, so much, even if I don't have much time to reply. A huge thank you also to those who've left positive ratings and reviews on Apple Podcasts. It all really helps, so thank you. So today's case is one that I promised earlier. earlier this year. Regular listeners will remember the Karen and Krista Hart series about the three-year-old twins from Newfoundland who drowned in the water and their father Nelson Hart, who was accused of pushing them in. The case raised many questions about the ethics of Mr Big undercover stings and how a breach of those ethics can result in abuse or misconduct, threatening the integrity of the justice
Starting point is 00:00:55 system and the fairness of trials. That case ended up before the Supreme Court of Canada, and so too did today's, which the media has referred to as the killer DJ case. And with that, it's on with the show. Canadian True Crime is a completely independent production, funded mainly through advertising. The podcast often has coarse language and disturbing content. It's not for everyone. Fort McMurray is an urban service area or city, located about a four-and-a-half-hour drive north-east of Edmonton in the province of Alberta. Founded in the 1800s as a trading post, Fort McMurray would eventually play a key role in the history of the petroleum industry in Canada.
Starting point is 00:01:44 It happens to be located right in the middle of the Athabasca oil sands, the largest known reservoir of crude bitumen in the world, occupying an area larger than the entire country of England. The oil sands lie under 141,000 square kilometres of natural ecosystem with boreal forest, wetlands and diverse wildlife. The area sustained local indigenous communities for thousands of years and they use the thick crude bitumen deposits to waterproof their. canoes. Today, the Athabasca oil sands is a significant contributor to Alberta's economy, keeping untold people employed and oil companies highly profitable. It's also often referred to as the largest and most destructive industrial project on earth. But that's a story for another time. We're zooming in to the small city of Fort McMurray in 2002, when about 47,000,
Starting point is 00:02:50 1,000 residents called it home. One of those residents was 25-year-old Robert Levoire, a local musician and DJ. His father, Monty Levoire, would describe him to Fort McMurray today as a very smart guy. Quote, he was into all kinds of music. It really didn't matter to him. He'd play anything and he was good at it. Robert spent most weekends DJing in local bars around Fort McMurray, and during the week he worked odd jobs to supplement his income,
Starting point is 00:03:25 including working at a gas station. Robert's family also lived in Fort McMurray and he was reportedly close with them, but because of his hectic schedule balancing his DJing gigs with his other work, he didn't get to see them very often. But no matter what, he always found. the time to phone home every week or so just to check in and see what was going on. In early December of 2002, Robert's parents and siblings realized that two weeks had passed since his last phone call. While they generally didn't keep tabs on where he was or what he
Starting point is 00:04:04 was doing, it was out of character for him to go more than two weeks with no contact. There isn't a lot of information that was reported publicly about Robert Levoire, but his family knew he had substance use disorder, more specifically the hazardous use of cocaine. Concern swept over his family immediately. They wondered if something nefarious had happened to him. They also considered the fact that he might have secretly moved or even fled from Fort McMurray. Perhaps he had bad debts or was in some kind of trouble, they just didn't know. So they reported him to the RCMP as a missing person. But investigators believed that Robert's disappearance was nothing more than that, a disappearance. They did open an informal file for him, but didn't initiate any search procedures or announce
Starting point is 00:05:01 his disappearance publicly. They figured that he was a grown man who most likely left of his own volition, and he either didn't want to be found, or he would likely just show up one day. But he didn't. Christmas passed and then the new year, and there was still no sign of Robert Lavoie. His family had been doing all they could, putting up missing persons posters all over Fort McMurray and extending out to the local area. But they were disappointed that the RCMPP didn't seem to think the situation was as serious, and they weren't doing much to help. In fact, the RCMP did not publicly announce Robert's disappearance until July of 2003, eight months after he'd last been seen. The announcement stated that 25-year-old DJ Robert Levois was last
Starting point is 00:06:00 seen in the Fort McMurray area and described him as a white male with a neat appearance, short brown hair, no facial hair and green eyes. He stood at around 6'1 and weighed 68 kilograms or about 150 pounds. Robert's family had been growing increasingly frustrated at the months of apparent inaction in his case. But after a while, they wondered if perhaps investigators were holding back for a reason. Perhaps they knew something that no one else knew. Robert Lavoie's family were right. The RCMP were holding back information.
Starting point is 00:07:10 There'd been a development behind the scenes, but it would be several years before Robert's family learned the truth. About a month after the 25-year-old had vanished, the staff sergeant from a local RCMP detachment had received a phone call from a man who reported that his friend had just confessed to the murder of Robert. Robert Levoire. He gave the name of the friend, Dax Richard Mack, a 30-year-old man who, like Robert, was also a DJ in Fort McMurray. But there was more that they had in common. Dax Mac owned the house that Robert Levoire had lived in. In fact, they'd both lived there
Starting point is 00:07:53 together with Robert renting a room. And because the two men DJed in bars around Fort McMurray, They also had many acquaintances in common. It was one of those acquaintances who called the local RCMP detachment. Jay Love was a security guard who reported that he'd been good friends with Dax Mack for quite a few years, right up until they had a strange encounter. That encounter happened on December 21st of 2002, just a few weeks after Robert Lavoie was last seen. but Jay didn't know that at the time. Dax Mac arrived to pick him up for a night out,
Starting point is 00:08:35 together with another friend named Michael Argetter. According to Jay, the three men attended some local bars together, but at one point during the night, Michael got a phone call and had to leave and pick someone up. Dax said that Michael could take his truck while he and Jay had more drinks at the bar. Jay said that he and Dax made some sense. small talk for a while, but the mood started to shift a bit as Dax had more drinks. He started talking about how close their friendship was, and as he became more intoxicated,
Starting point is 00:09:11 he asked Jay outright whether he could trust him. Of course, Jay said. Dax then said something surprising. Robby's gone. Jay told the staff sergeant that he assumed that the Robbie Dax was referring to was his roommate, Robert Lavoie, but he wasn't quite sure what to make of this comment. The staff sergeant wanted to know if the bar was noisy and if Jay was intoxicated as well. Jay essentially confirmed that he was tipsy, but not intoxicated like Dax.
Starting point is 00:09:48 And while the bar was noisy, he heard what Dax was saying clearly because he went on to repeat those two words numerous times. Robbie's gone, Robbie's gone. Jay said he asked Dax to elaborate and explain what he meant. Dax responded, Robby's dead. Jay didn't quite know what to say and asked Dax a bit casually if he'd outsourced it. To his surprise, Dax replied, no, I did it myself, and added that he wasn't sure why the RCMP hadn't come knocking yet. He asked Jay what he would say if they showed up.
Starting point is 00:10:32 As the two men walked out of the bar, the ominous conversation continued. This time, Dax volunteered some more details. He told Jay that he drove Robert's body to the rural property his father owned and let it burn there for about three days. At the detachment, Jay explained that at first he didn't know whether to believe Dax's claims or not, Because Dax was reportedly a person who told tall stories and had a habit of, quote, making threats about people. But that night, Jay caught a taxi home and when it pulled up outside,
Starting point is 00:11:14 he noticed that there was a truck parked out the front of his house that looked exactly like Dax's. He suddenly became concerned for his own safety and called Dax to ask if it was his truck. Dax reminded him that their other friend Michael Argetta had been driving the truck that night. It all seemed above board, but Jay couldn't shake the uncomfortable feeling he was getting. In fact, he was starting to feel afraid about the situation he found himself in, so that's why he decided to contact someone he knew at the Fort McMurray RCMP detachment. Through his work as a security guard, Jay has to contact someone he knew at the Fort McMurray RCMP detachment. Through his work as a security guard, Jay had become acquainted with Staff Sergeant Stolfer.
Starting point is 00:12:00 In fact, Jay Love had actually been an auxiliary RCMP member for a few years, part of a group of unarmed specially trained volunteers that according to the RCMP website, quote, give their time to help keep our communities safe. But in 2001, the year before Robert Lavoie went missing, the RCMP suspected Jay of being involved in the importation of steroids. Jay denied any wrongdoing, but he was obligated to resign from his role as an auxiliary member of the RCMP. After that, he still maintained a friendly relationship with Staff Sergeant Stolfer. The two men got on well and they had things in common, so that's why Jay was comfortable contacting him
Starting point is 00:12:51 the day after Dax had apparently confessed to murder. It appears that at the time, neither Jay nor Staff Sergeant Stolfer were aware that Robert Lvoire's family had reported him missing just weeks earlier. Because those investigating officers believed Robert was a grown man who didn't want to be found, not only had they not announced his disappearance publicly, but they hadn't disseminated his information to the local detachment. In fact, it would be another week before the RCMP connected Jay's information to the report of Robert Levoire as a missing person. After the phone call, Staff Sergeant Stolfer asked Jay to come to the detachment and give a recorded statement.
Starting point is 00:13:40 Dax hadn't mentioned a reason or a motive for the murder that night, but Jay knew from a previous conversation that he wasn't pleased with his housemate, Robert. Dax had two sons, and it's not known if they also lived full time in the same home, but Dax had complained to Jay that Robert had stolen money from his son's piggy bank. He also claimed that Robert had been using his phone to make calls, using up his minutes, and that he'd also been using drugs in the home. These reasons didn't seem to warrant a murder, but it was evidence of emotive. After the RCMP connected Jay's information with Robert Levois' missing persons report, Jay was asked to attend the RCMP headquarters and provide a statement there too.
Starting point is 00:14:34 After that, investigators brought Dax Mack in for questioning. The 30-year-old told investigators he knew nothing about his housemate's disappearance. He didn't know where he was and completely. denied any involvement in whatever may have happened to him. And after all, Robert Levois was still missing. Nobody had been found. And other than Jay loved's strange conversation with Dax, there was no evidence that a crime had even occurred, let alone enough evidence for an arrest warrant. Since Jay had reported that Dax told him he'd burned Robert's body at his father's rural property. A search of that property was likely the next move, but there was not enough
Starting point is 00:15:21 evidence to secure a warrant for that. Perhaps there was another way. As regular listeners to this podcast well know, the Mr Big tactic is an undercover sting procedure developed by the RCMP in British Columbia in the early 1990s. It's a last-ditch tactic that police may choose to use when they have a main suspect, but the investigation has come to a dead end, with not enough evidence for an arrest. Mr Big undercover stings are elaborate operations that are assigned large budgets. Typically, the suspect is asked to be part of a fictitious crime gang and is eventually manipulated into confessing something big as a kind of demonstration that they can be trusted with a more important role in the gang.
Starting point is 00:16:13 It's no secret that the Mr Big technique is controversial. In fact, it's banned in the US and the UK. It raises even more ethical issues than a typical undercover sting, because the police aren't just infiltrating an existing gang of criminals. This is an operation where the police pretend to be the criminal gang themselves and lure in the suspect to participate in fake, criminal activities. A Mr Big Sting was approved for Dax Mac and it started towards the end of 2003, which coincided with the one-year anniversary of Robert Levois's disappearance.
Starting point is 00:16:54 Obviously, the RCMP had received authorization to intercept and record all of the interactions between the undercover officers and Dax Mac. But getting the sting started in the first place is not easy and requires very careful planning. Most Mr Big Sting start with the suspect, suddenly making an awesome new friend out of the blue. Of course, the way the undercover agent first meets the suspect is a carefully planned, completely engineered scenario designed to look like serendipity, like they just happened to meet at the right place and time. The RCMP did their research into Dax Mac's life and how he spent his time, discovering that he had a regular DJ gig at a particular bar. It was decided that this would be the place he would have the meet cute with the
Starting point is 00:17:49 undercover officer assigned to be his BFF in the gang. Let's call that undercover officer Rory. Rory started off by showing up to the bar when Dax was DJing and would often bring attractive women with him to catch his eye. These women, were of course fellow RCMP officers, also undercover. Before long, Rory and friends had engaged the bars DJ with their fun and extroverted personalities, and Rory and Dax started to build a rapport. About a week after their first meeting,
Starting point is 00:18:26 Rory casually asked Dax if he wanted to make a bit of extra money on the downlow. Dax's ears pricked up. Rory told him that he was done. doing some work for a criminal organization, and he'd been assigned a job that he needed help with. Apparently, someone owed the crime boss some money and they weren't paying, so Rory had been tasked with repossessing that person's quad bike to recover the funds he owed. Dax Mac agreed to help. Dax drove them both in his own truck to the home of the vehicle owner who owed money.
Starting point is 00:19:04 They repossessed the quad bike. then collected $200 from its owner, who was, of course, another undercover RCMP officer. Rory then told Dax that they needed somewhere to store the vehicle for the time being, preferably somewhere rural. Behind the scenes, the RCMP were hoping that this would prompt Dax to offer his father's rural property, the place where he reportedly confessed to Jay Love that he'd burnt Robert Lavo's remains. And he did. Dax and Rory drove out to his father's property and stored the quad bike there for a while. A few days later, Rory told Dax that his boss had instructed him to pick up the quad bike and take it to the boss's warehouse.
Starting point is 00:19:56 As the two drove, they chatted, and Dax suddenly brought up his roommate and tenant, Robert, describing him as a quote, crackhead. Dax said he'd tried to help him by getting him into rehab, but it didn't work, and recently, Robert had vanished without a trace. Dax then went on to tell undercover officer Rory the same story that Jay Love had reported, that Robert had stolen from his son's piggy bank. Dax added that as far as he was concerned, quote, The guy was pushing up daisies. But later, in that same thing,
Starting point is 00:20:35 conversation with Rory, Dax said he'd heard from somebody else that Robert may have gone to Calgary to work as a DJ. For the RCMP, things seemed to be getting off to a good start. They didn't even need to find a way to bring up Robert Lvoire's disappearance because Dax had brought up the topic himself. Perhaps in time, they could make him feel comfortable enough to continue. This is why each Mr Big operation takes months. sometimes years and costs hundreds of thousands of dollars. Putting together a gang of undercover officers posing as fake criminals who stage fake crimes and exchange fake payments needs to be convincing.
Starting point is 00:21:44 And after the suspect agrees to participate in the illegal operations of the gang, they have to see evidence that the gang is real for the whole thing to be believable. So here's how the Mr Big Sting works. The RCMP devises a series of staged scenarios with undercover agents playing criminals within the gang, and as the suspect is brought in to each new scenario, they're showered with friendship, a sense of belonging, praise for a job well done, and of course money, the financial payoff. The ultimate goal is for the sting to culminate in a highly anticipated and hyped-up meeting with the head of the gang, the Mr Big character, played by yet another undercover officer.
Starting point is 00:22:29 So now that Dax had confirmed he was willing to work for the gang, more scenarios were crafted to escalate the situation up to that Mr Big meeting. There were small jobs including more repossessions, delivering packages and spying on people. Dax was shown how large sums of money were running through the criminal organisation. During one scenario, he had to be. to pick up a large sum of money and then deposit it into other bank accounts. And in another, Dax delivered a package to Rory, his undercover agent BFF and the gang,
Starting point is 00:23:06 who promptly opened it up for Dax to see that it contained $30,000 in cash. After a few months, the RCMP determined that the situation had reached a point where it was time for Dax to meet Mr Big. At this meeting, they would show Dax just how important, respected and feared Mr Big was. Undercover Officer Rory invited Dax to the meeting which would take place in Vancouver. Dax was told it was a big deal and if he played his cards right, it would lead to more work, more money and more respect in their criminal organisation. The meeting went well and Dax was told that he was trusted enough, to move up within the criminal organization.
Starting point is 00:23:54 And after that, the jobs started to increase in both payout and criminality, and he started to be given more responsibilities. Obviously, there were all staged scenarios, but Dax was asked to commit what he believed were break and enter jobs, as well as more collection and delivery jobs. As each job was successfully completed, the relationship between Dax and his BFF Rory, continued to grow to a point where Dax began to look at him less like a criminal gang co-worker
Starting point is 00:24:27 and more of a close friend and trusted confidant. And that's exactly what the RCMP wanted. One evening, Rory told Dax about a bad situation he'd gotten into. He showed Dax an older injury to his body, explaining that he'd been attacked with an ice pick during one of his earlier jobs. the Mr Big came to the rescue. He told Dax that he was grateful when Mr Big took him to hospital and also told him he'd take care of the guy responsible for attacking him. And when that day of reckoning came, Mr Big arranged an airtight alibi for Rory.
Starting point is 00:25:10 Rory couldn't say enough good things about Mr Big, but the undercover officer playing Rory was actually laying the foundation because soon a situation would arise where Dax. Dax would be asked to rely on Mr Big as well. The conversation continued and Rory asked Dax if he'd ever beaten somebody up. Dax said that during a bar fight he'd broken another man's nose and then said there was one other incident but he couldn't talk about it. Rory's face was solemn.
Starting point is 00:25:43 He told Dax that this was a problem because it might bring suspicion onto the gang, not to mention Mr Big himself. Dax dismissed the concerns, saying there was no chance this would happen because the police were not looking for him in relation to this particular incident. He reassured Rory that there was nothing to worry about. Rory came back to Dax with a message from the crime boss. If he wanted to be part of the gang, there were three rules that he had to follow. One, honesty. Two, was not to move in on someone else's property, and three, don't take credit for somebody else's work.
Starting point is 00:26:28 Rory referred to the honesty rule telling Dax that if he wanted to continue with the criminal organization and receive the benefits, then he would need to share all the details about this other incident so that Mr. Bigg knew what they were up against and could be prepared if it ever came up as a problem. Rory asked Dax if the incident involved anyone who, quote, wasn't walking anymore. The implication was that they were now dead. Dax nodded his head before stating, Every man has a breaking point. All the conversations between Dax and the undercover officers were being recorded, including this one.
Starting point is 00:27:11 Rory thanked him and said he'll check in with the crime boss to see what the next step was. The next thing Dax knew, he was given a new job, to drive a package to Vancouver. He was told that while there, he would meet some of the other members of the criminal organisation, and he would also have an interview with Mr Big to get to the bottom of this incident and establish if it had the potential to blow back on the gang. As Dax and Rory were waiting for more instructions, Dax started talking about Robert Lavoie, saying, that he was a drug dealer and was in a lot of debt. He said he was one of the people that
Starting point is 00:27:53 Robert owed money to. He'd lent him $600 for rehab that he never went to. Dax delivered the package in Vancouver as instructed and then went to a yacht to meet six other members of the criminal organization, all undercover RCMP officers who were there as senior executives of the gang, so to speak. They were also there to impress Dax by showing him what it might be like to be one of them and to make sure he knew that his upcoming interview with Mr Big was a serious and important event. One of them was introduced to Dax as the enforcer of the organisation, and he pulled Dax to the side for a little chat.
Starting point is 00:28:39 He said he'd noticed that Dax and Rory seemed close and questioned Dax about it. Was he prepared to protect Rory? if needed. Dax replied yes and the enforcer said he'd better or he would come and find him and deal with them. The day after the yacht meetings, Dax went for an interview with Mr Big at an apartment in downtown Vancouver. Now this is the meeting where typically Mr Big has the specific task of further manipulating the power dynamic with the suspect, with the goal of eliciting a full confession. When Dax showed up at the apartment, the undercover officer playing Mr Big questioned him about the incident he'd mentioned briefly to Rory,
Starting point is 00:29:27 but Dax refused to talk. Mr Big pressed him some more, asking more and more questions to try and get any more details, even if just a shred. When Dax continued to refuse to elaborate, Mr. Big became irate and informed him that unless he divulged his secret, he would remain on the organisation's third line doing only small jobs, with no opportunity to move up to jobs with a higher payday. Dax stood firm.
Starting point is 00:30:00 He said he couldn't reveal the information because, loose lips sink ships. Mr Bigg abruptly ended the meeting. Later, when Dax was alone with Rory, he confessed that he didn't much like the conversation with Mr. Big, and the questions being hurled at him made him feel stressed. This is exactly how the RCMP wanted him to feel, that Mr Big was being serious and if Dax couldn't be truthful with them,
Starting point is 00:30:30 then he needed to know his role in the gang was in jeopardy. The next month passed by and Dax was given no new jobs. When he inquired what was happening, he was reminded once again that he needed to be truthful and speak about. the incident. But before long, Dax found himself in financial trouble. He was mostly unemployed other than his DJ gigs and worked odd jobs here and there just like Robert Lavoie had done.
Starting point is 00:31:04 He also had two sons to support. During his few months working small jobs with the gang, Dax had earned a total of about $4,000. It wasn't a massive windfall. but it did help significantly with his financial situation. This is one of the reasons why Mr Big Stings are so controversial. The scenarios that the RCMP puts together to demonstrate the gang is real sometimes end up being so flashy, so elaborate and convincing
Starting point is 00:31:38 that a suspect who is particularly vulnerable might do anything to remain a part of the gang. This might include telling Mr Big what he always. obviously wants to hear, even if it might not be true. Dax now realized that the stakes were high and told Rory that he'd changed his mind and was willing to sit down once more with Mr Big and be forthcoming about the incident. He said he needed the money. Rory asked him for clarification. Are you willing to sit down and tell Mr Big about your roommate and how you had killed him?
Starting point is 00:32:17 When Dax said that he was, Rory said he was happy to hear that, but warned him that he would need to provide actual details about the murder, not just vaguely admit that it was him. In response, Dax blurted out that Robert was, quote, A liar, a thief, and a piece of shit drug dealer. He seated placed a tracker on Robert's phone and discovered he'd been selling crack cocaine out of the room that he rented. Dax added that in the moment he believed that Robert knew he was going to be killed. He was pointing the gun at him and Robert turned around, put his hands up and said,
Starting point is 00:32:58 Dax. Robert was shot five times with a 223 rifle, four times in the chest, and then once more in the back to make sure he was dead. Dax said that he burned the body for around two to three days, so there would be no evidence of Robert left. Rory then asked about the murder weapon and Dax said that he'd kept it. But after talking for a bit longer, Dax suddenly backtracked. He told Rory, you know, everything I just told you was bullshit. I was bullshitting you. Taken aback, Rory said he hoped that he wasn't and offered up a secret of his own. Rory told Dax that he'd been hiding out in Fort McMurray because he'd shot.
Starting point is 00:33:48 somebody in the back of the head over a $50,000 debt, and then he tossed the body off a yacht. It wasn't true, of course, but the undercover agent playing Rory hoped it would give Dax the reassurance he needed to press on with his own confession. Apparently, it worked. Dax drove Rory out to his father's rural property again, and this time walked him over to an area where there was a relatively large fire pit. He pointed to the fire pit and stated that this was where he'd burned Robert's body
Starting point is 00:34:27 for several days under a pile of logs. Rory once again asked Dax if he was being truthful and he insisted that he was. Chillingly, he stated that he'd brought his son over to the property and they cooked hot dogs over the charred remains. So the RCMP had a first, first confession from Dax Mac, but now they had to get a second given directly to Mr. Big. Another meeting was arranged and this time Dax was flown out to Edmonton.
Starting point is 00:35:06 He gave the same confession he'd given to Rory, telling Mr. Big that Robert was a crackhead who had stolen from his son's piggy bank. Mr. Big asked Dax whether he was just making the confession up so that he could progress in the criminal organization. When Dax insisted that he was not, Mr Big told him that every time he killed somebody, he always remembered it so vividly that he could even recall what song was playing on the radio at the time. Dax responded by telling Mr Big that when he drove Robert out to his father's property to kill him, the song Bonecracker was playing on the radio.
Starting point is 00:35:48 The Mr Big Sting had taken five months, but they finally had their two confers. In April of 2004, the second year after 25-year-old Robert LeVois's death, Dax Mac was arrested and charged with his first-degree murder. The arrest came as a complete surprise to Robert's family. In an interview with the Edmonton Journal, his father, Mountie LeVois, confirmed that Robert lived in Dax's home and that they were friends. He said his son had never shared any concerns. concerns he might have had about Dax with him or to any other member of the family,
Starting point is 00:36:29 so it was a complete shock for them to learn that Dax was the one who had been arrested, as was the fact that this news confirmed that Robert must be dead. In another interview with Fort McMurray today, Mountie said, quote, This is a bit of closure. Two years is a long time to wait to see what happened to our son. He said that the whole time they'd been waiting. for news, they hoped that they would one day see their son walk through the front door,
Starting point is 00:37:00 but this new development completely shattered those hopes. Shortly after Dax Mack was arrested, the RCMP executed a search warrant at his father's wooded acreage property. The first thing investigators noticed was the ashes and debris lying on the bottom of the large fire pit. Nearby, they spotted a red fuel. Auxbury. They spotted a red fuel can with some kind of liquid in it, as well as wood logs and fire-starting blocks. To an unsuspecting person, nothing looked out of the ordinary. But renowned forensic anthropologist and professor at the University of Alberta, Dr. Owen Beatty, soon arrived with his team to sift through the ashes. They quickly discovered that it wasn't just charred debris left in the fire pit,
Starting point is 00:37:55 but instead charred human remains. They would find more than four and a half thousand fragments of human bone and teeth, and they weren't scattered around. Each fragment was found in the correct anatomical position. It was determined that the body had been burned at the same spot where the remains were found, and the condition and color of the remains indicated the fire had reached temperatures of between 900 and 1400 degrees. Celsius. The team of forensic anthropologists determined that the remains belonged to a man, somewhere between 20 and 30 years old. But due to the condition of the remains, they were
Starting point is 00:38:39 unable to determine how the man had died or how long ago it had happened, although Dr. Beatty speculated that it'd likely been there for at least one year, noting that some moss had been found growing on one piece of the remains. As well as 87 tooth fragments, the remains included a dental bridge, which was compared to Robert's dental records. It was a match. His family were given the news. In an interview with Fort McMurray today,
Starting point is 00:39:12 his father, Mountie Lavoie described it as a little more closure. With every step, it's more closure. The search of Dax's father's rural property also turned up five shell cases. But the weapons themselves still needed to be found. Luckily, it wasn't hard. After Dax was arrested, a search warrant was also executed at his own home. An investigator seized two rifles, one of which was matched to those five shell casings. Just a week later, Dax Max shuffled into court for his first hearing.
Starting point is 00:40:00 His head was freshly shaved and he was wearing a grey shirt and a pair of of glasses. As the court hearing was finishing up, Dax Mac's father, the owner of the property where Robert's remains had been found, stood up and hollered, Dax, we love you. Dax Mac would plead not guilty to murdering Robert Lavoie, and furthermore, he would be claiming that someone else had been responsible. The trial started in April of 2006, three and a half years. after Robert Lavoie's disappearance. The Crown prosecutor told the jury about the Mr Big Sting operation and how Dax Mack had confessed in full to murdering his friend and roommate Robert Lavoie.
Starting point is 00:41:09 Quote, and after he shot him, he burned the body for three days using firewood and diesel fuel. In the lead up to the trial, there'd been some hearings regarding the covert recordings and wiretaps that the RCMP had said. up before the Mr. Big Sting started. Dax's defense team argued that they should not be admitted into evidence because the authorization for the RCMP to intercept and record his interactions was obtained in violation of his charter rights. There was a, quote, lack of investigative necessity. The judge sided with the defense and excluded almost all of the covert recordings of Dax's
Starting point is 00:41:53 conversations and the wiretaps of his phones, but permitted the undercover RCP officers to testify from their memory and from their notes. When it came to the video and audio recordings of Dax's confessions to Rory and Mr Big, they were allowed to be admitted into evidence and were shown to the jury. The jury also heard from a police witness who testified that Robert Lavoire had accrued some bad debts due to drug dealing, which had resulted in him being threatened by bikers. It was only early into the trial, but things soon came to a halt, as the prosecution and defense argued over admissibility of some evidence. It was related to the privacy rights of Jay Love and his suspected involvement in that steroid importation situation. There were no actual charges,
Starting point is 00:42:50 just allegations, but they required him to resign as an auxiliary RCP member. He had been assured that this steroid importation situation would not be mentioned at trial because it could potentially harm his reputation and employment prospects. Unfortunately, these legal issues caused the trial to fall apart, and after a week with no resolution, the judge declared a mistrial. Dax Mack was released on bail pending a new trial, much to the dismay of Robert Lavoie's family. His mother, Kathleen McGarhy, told the Edmonton Journal, quote, Our whole family is extremely frustrated.
Starting point is 00:43:35 Robert had still not received a proper burial. His remains were still considered evidence and tragically had not yet been handed back over to his family. The second trial started my own. much later than anticipated in January of 2008, almost two years after the mistrial. The prosecution put forward the theory that Dax Mack had decided to kill his friend and roommate Robert Levoire because he allegedly owed him money. He was dealing crack cocaine from the house they shared, he was running up phone bills, and he was stealing from his son's piggy bank. In opening statements, the Crown Prosecutor suggested that Dax invited Robert to go hunting at his father's property,
Starting point is 00:44:28 but instead he shot him five times and burned his body. One of the star witnesses was Jay Love, who testified to the same version of events he'd first recounted to staff Sergeant Stolfer at the local RCMP detachment. That he'd been at a bar that night with Dax and another friend. friend Michael Argetter. And after Michael took Dax's truck to pick someone up, Dax told Jay that he'd shot and killed Robert Lavoie. And as they exited the bar, Dax said he burned Robert's body at the rural property his father owned for about three days. On cross-examination, Jay admitted that he had been upset when he had to resign from his job as the RCMP auxiliary officer, but denied the suggestion that his main motivation for telling the RCMP staff sergeant about Dax
Starting point is 00:45:25 was to try and get his old job back. There was another star witness, Michael Argetta, the third friend who was at the bar, and he didn't come forward to the RCMP. Dax Mack had not only denied killing Robert Lavoie, but when he was arrested, he claimed that Michael Argetta, was the actual killer. The Crown called Michael Argetter to testify. The jury heard that he and Dax had been good friends for around three or four years,
Starting point is 00:45:59 and they'd hunted and fished on the rural property owned by Dax's father. On the stand, Michael admitted he had a criminal record, used cocaine, and had allowed Dax to store his two firearms at his home, both before and just after Robert's disappearance. Michael also knew Dax's roommate Robert Lavoie. He said they're known each other since they were young boys, but they were more acquaintances rather than friends. On the stand, Michael denied having anything to do with Robert's death
Starting point is 00:46:34 and was angry that he'd been blamed for being involved. He testified that at some point shortly after the time Robert was determined to have gone missing, Dax mentioned that his roommate had left Fort McMurray and moved to Vancouver. Michael testified that at first he didn't think anything of this comment because Robert Lvoire was known to be involved in transporting drugs and often left town for long periods at a time. But he soon recalled an earlier conversation he'd had with Robert who told him he'd been transporting drugs from Vancouver to Fort McMurray,
Starting point is 00:47:14 but he'd inadvertently angered some people in Vancouver when he went to arrange a big deal. Robert was concerned. Michael testified that he was aware that drug dealers from Vancouver had put a price on Robert's head. He went on to say that because this conversation happened shortly before Robert vanished, he got the impression that Robert had likely gone into hiding for a while to avoid a dangerous situation. Michael continued, not too long after that, he and Dax were at a bar in Edmonton and described chatting at the bar with a, quote, random girl when Dax came and stood beside him and said, I got rid of Robbie before turning and walking away.
Starting point is 00:48:03 Michael told the jury that Dax was the kind of guy who was, quote, always shooting off his mouth, so he didn't really pay much attention to what he said. But something happened the next day that changed his mind. He told the jury that on the drive back home to Fort McMurray, Dax blurted out, I shot him, followed by, that was it. And later on in the same conversation, Dax said that he'd burnt Robert's body at his father's property. Michael stated that he spoke with Dax about the murder of Robert Lavoire
Starting point is 00:48:39 on at least four or five other occasions after that coming. car ride home. And that's when he learned that Robert owed Dax's money, he'd stolen from Dax's son's piggy bank and had run up the telephone bill. Michael told the jury that Dax felt a great deal of animosity towards Robert Lvoire. Unfortunately, there were some issues with Michael's testimony that didn't reflect well on his credibility. In his original statements to the RCMP after Dax was arrested, Michael insisted that Dax had never said a word to him about killing Robert Lavoie. When challenged about this on the stand, he insisted that he wasn't technically lying because Dax had only told him he'd gotten rid of Robert, which is not the same as
Starting point is 00:49:32 killing him. But his testimony about the conversation on the ride home only served to worsen his credibility problems. According to court documents, Michael never once mentioned this second confession that Dax gave in the car in any of his previous statements to the RCMP. The first time that anyone had heard this was on the stand. In fact, in one previous statement, Michael said they only had that one conversation at the bar about Robert. The car ride home was quiet, and he said their friendship drifted apart.
Starting point is 00:50:09 after that and quote, I never touched the topic again. On the stand, Michael testified that the following year 2003, he became romantically involved with Dax's former girlfriend, and the two had a falling out. He said that by 2004, the year that Dax was arrested, the two men officially hated one another. The Crown did admit that there were serious problems with Michael Argeta's credibility. But now it was time for the defense to present their side. Dax Max defense lawyer argued that Dax never confessed to Jay Love or Michael Argetta. It was a he-said-she-said situation. And when it came to the two recorded confessions he gave to Rory and Mr. Big, his defense lawyer argued that he only confessed because he wanted to impress the members of the crime organization,
Starting point is 00:51:08 and he was desperate for money. The court heard that Dax Mack was an unemployed man trying to raise two children and he was also terrified that the crime organisation would harm him if he didn't come up with some sort of confession to a crime. He was known to tell tall tales and those confessions were nothing more than that, tall tales. The defence's position was that Robert LeVois had actually being killed by somebody else. Michael are getter. 35-year-old Dax Mac took to the witness stand to give his version of events.
Starting point is 00:51:54 Dax told the jury that the night Robert was murdered, the three men were at his father's property hunting. Apparently, Robert LeVois didn't actually hunt, but used to tag along with Dax and Michael on many occasions. According to Dax on November 6, 2000, too. He and Michael were getting ready to go and deer hunt at his father's property. Robert had just returned from a trip to Vancouver and asked what they were doing. Dax suggested that he come along and Michael echoed that suggestion, which Dax said surprised him because the two men didn't usually see eye to eye. Nevertheless, the three climbed into Dax's pickup truck and drove out to the property.
Starting point is 00:52:40 Dax said that he'd brought his two rifles. He gave his 223 to Michael to use and started walking in the direction of the game trail with his own 308. Michael and Robert walked off together towards the road. Dax told the jury that he was keeping a close eye out for deer when he suddenly heard a single shot coming from somewhere followed by more shots in quick succession,
Starting point is 00:53:09 Assuming that Michael must have shot a deer, Dax said he remained where he was for about 10 to 15 minutes, afraid that he could potentially scare off a wounded animal. After a while, he said he headed back towards the road and saw Michael, but he was alone. Where's Robert? he asked. Michael allegedly replied, quote, That's what you get for pissing off the big boys.
Starting point is 00:53:40 Dax told the court that, At that moment, he noticed Robert lying in the grass and went to approach him, but Michael stopped him, allegedly saying, quote, just let it alone he fucked off to Vancouver again. On the witness stand, Dax testified that Michael R. Getter was larger than him, and grabbed him by the shoulder to hold him back. Dax said he didn't know how many bullets were left in his rifle. Michael told him not to worry and he'd come back and look after him. it, quote, shut your mouth, you don't know nothing.
Starting point is 00:54:16 Dax told the jury that he dropped Michael home along with the two rifles and then left to go and pick up one of his sons. He said when he got back home and found some alone time, he quote, cried my face off. He said he didn't return to the place where he burned the body for another year or two. When it came to Michael Argett's testimony that Dax had confessed at the bar in Edmonton, Dax reported the opposite. He testified that Michael was not there with a random girl. It was his girlfriend at the time, a woman called Aliana. And in fact, it was Michael who told Dax that he had returned to his father's property sometime after the murder and had burned Robert's body. Dax told the jury that Michael had been acting very aggressively since the incident with
Starting point is 00:55:11 Robert and said that Robert owed money to too many people and commented, Welcome to My World, which Dax took to mean was the drug underworld. He said that Michael's girlfriend, Aliana, was also in the car with them when they drove home and denied saying anything to either of them about killing Robert Lavoie. When it came to Jay Love's testimony, Dax denied confessing to him as well, suggesting instead that he only tried to tell Jay that Robert was dead and Jay must have misunderstood him. He claimed that he even gestured towards Michael as the killer. He testified that Jay asked him if he had anything to do with Robert's murder and he said no.
Starting point is 00:56:00 And when they talked more outside the bar, Dax denied telling Jay that he'd burned the body on his father's property. He claimed that he actually said that Michael R. Getter burned it there, and again, Jay must have just misunderstood. Jay had testified that Dax didn't mention Michael in any part of the confession that he heard. Dax was asked why he decided to tell Jay these things, and he replied that he knew Jay had worked with the RCMP in the past, and wanted to know who he should speak to there about Robert's message. murder. Dax added that he was afraid he could lose his son. Under cross-examination, the crown suggested to Dax that he was the one who had shot Robert. No, I did not. The crown came back with, you'd had enough of him. And Dax replied,
Starting point is 00:56:55 No, I hadn't. So, Dax denied both confessions, claiming that Michael Argeta was the one who confessed, and when he told Jay Love about it, Jay had just misheard him. However, Dax couldn't deny that he'd confessed to Rory and Mr. Big. The jury had been shown both confessions, and the RCMP officers involved had also testified about their experiences with Dax as part of the Mr. Big Sting. Dax Mack cried as he told the jury that he felt scared and intimidated by the undercover officer who was playing the Mr. Big character. Quote, he was huge, you're sitting there talking to Tony Soprano.
Starting point is 00:57:43 He claimed he had made the confession up for several reasons. He wanted the gang to think he was a tough guy, but he was also a little afraid. He believed that the criminal organization was dangerous and that they could make somebody disappear if they wanted to. Dax claimed that since he had met the organization's second-line members on that yacht, and had seen all of their faces, his life may be in danger if he didn't comply with Mr Big's demands. Dax was also asked why he tried to backtrack after that conversation to Rory, at first saying
Starting point is 00:58:22 everything he'd said was bullshit, but then changing his mind when Rory offered up a secret of his own. Dax told the jury that he only admitted he was telling the truth out of fear. And everything he told the undercover officers was, quote, out of a desire for money, protection and a belief that the confessions were necessary for self-preservation. Dax Mac's family sat silently in the courtroom as he testified, all donning matching T-shirts with the words, No more Mr Big emblazoned on the front.
Starting point is 00:58:59 While Jay Love, Michael Ageta and the RCMP officers had testified that Dax had confessed, that Dax had confessed to them, there were a few defense witnesses who had slightly different stories to tell about Michael. A woman named Laverne told the jury that Michael Argetta was friends with her son and had lived with her for four months in 2004, more than a year after Robert's disappearance. She testified that one night Michael came home drunk and he asked her, why do you think I'm covering for Dax? Followed by I killed Robbie. Laverne claimed that he asked her if she wanted to know what happened,
Starting point is 00:59:41 but she said she didn't want to know anything. Eventually, she contacted the RCMP to report what she'd heard. There was also testimony from Eliana, who identified herself as Michael's former girlfriend. She confirmed Dax's testimony that she was the one, who had been at the bar in Edmonton with Michael, and she overheard them talking about somebody called Robert. She said she heard Michael telling Dax not to worry,
Starting point is 01:00:12 that they were never going to find anything. She said over the next few hours, Michael asked her three separate times if she'd overheard any of their conversation, and she told them that she hadn't. The couple ended their relationship the next year, 2003, before the Mr Big Sting started. But in 2004, she received a phone call from Michael
Starting point is 01:00:37 asking her if she'd heard the news. For what? she said. Quote, he told me not to play stupid and then he told me not to get him involved in anything and if I did, he said he was going to, I don't know, come after me or I was going to go down as well. She said that it was common for Michael Argetta to use threatening words towards her.
Starting point is 01:01:04 In closing arguments, the Crown told the jury that Dax Mac knew details about the murder of Robert Lavoie that he could not have made up. In total, four people had testified that Dax had confessed to killing Robert and burning his remains at his own father's property. The court heard that the evidence suggested Robert owed Dax's money and Dax felt the only way he could deal with Robert without risking retains. attribution was to kill him. The defense maintained that Dax Mac was not guilty, and it was actually Michael Argetta who
Starting point is 01:01:41 had killed Robert LeVois. And as for his motive, the defense asserted that he wanted to collect on the bounty that he stated had been put on Robert's head. The jury found Dax Richard Mack was guilty of the first-degree murder of Robert Lavoire. As the verdict was read aloud, he began to sob as he held his head in his hands and muttered, Oh man, it wasn't me. His family nodded vigorously. At the sentencing hearing, Robert Lvoire's family presented victim impact statements, speaking of the grief they experienced since losing their son and how his death had affected them.
Starting point is 01:02:26 His sister Maggie lamented how her brother had missed her wedding, and then the birth of her son, who she had named after him. Robert's mother, Kathleen McGahey, said, quote, surviving the loss of a murdered child is one of the cruelest tests of human endurance and sanity a parent can experience. To remain sane and alive is an accomplishment. Dax Richard Mack was given the automatic sentence of life in prison without the possibility of parole for 25 years. Outside the courtroom, Robert's father, Monty Levoire,
Starting point is 01:03:04 praised the justice system for the conviction, adding that Dax Mack's own family were victims in the tragedy as well. He noted, though, that they still had the advantage of being able to visit their son, albeit in prison. But theirs was dead. Three years later, in 2011, Dax Mac appealed his conviction on several grounds. His legal team argued that his confessions given to the undercover R. CMP officers infringed on his rights and shouldn't have been admitted into evidence.
Starting point is 01:03:43 The Alberta Court of Appeal determined that the trial judge made no errors when admitting it. Another argument was that the trial judge did not properly instruct the jury when it came to interpreting the testimony of Michael R. Getter, a witness with credibility problems who could be consistent, it an unsavory character and who Dax continued to claim was the real killer. The Court of Appeal determined there was no basis for this argument and that the trial judge's instructions were adequate. And there was also a motion to have new evidence investigated from a recently obtained statement
Starting point is 01:04:23 that came from Michael Argetta's former girlfriend, Aliana. At trial, she had testified to overhearing Michael Tal'Dazette, not to worry because they were never going to find anything, and then she was grilled about whether she overheard. Her new statement was about Michael's testimony about the drive back from Edmonton, where Dax reportedly blurted out, I just shot him, followed by, that was it. As you'll recall, the first time that Michael ever mentioned the second confession was at trial, and it contradicted his previous statements, to the RCMP, which included the detail that the car ride home was quiet.
Starting point is 01:05:09 Aliana's new statement was consistent with Michael's earlier statements. She said that she was also in the truck with the two men on the drive home. She was awake the whole time and no such conversation ever took place. Dax's lawyers argued that this new evidence needed to be evaluated, but the court of appeal found that it was not strict. strong enough that it could have affected the result of the trial. In fact, even if Michael's entire testimony about Dax's confession was not admitted into evidence, it likely wouldn't have impacted the three other confessions that Dax Max had given
Starting point is 01:05:49 to Jay Love and to the undercover RCMP officers. All four confessions described the same motive for killing Robert LeVois. All four specifically mentioned the detail that Robert's stole from Dax's son's piggy bank, and all four confessions also made reference to burning Robert's body. But two years after Dax-Max appeal was denied, another Mr. Big case would come before the Supreme Court of Canada that would change the admissibility of confession evidence obtained from Mr Big Stings. The question was, would this Supreme Court ruling also affect Dax Max's conviction.
Starting point is 01:06:34 We know that Mr Big Stings were first used in British Columbia in the early 1990s, and by the end of 2008, the RCMP claimed that they had executed 350 separate stings in Canada. According to the 2010 book, Mr Big, exposing undercover investigations in Canada by Joan Brockman and Corey T. Keenan, 75% of those guys. cases resulted in the suspect being charged, and of the cases that went to trial, the suspect was convicted 95% of the time. So in theory, the Mr Big Sting appears to be a highly successful investigative tool, and there's no question that it has been very instrumental in catching some very dangerous offenders. But in practice, the unique circumstances engineered by the Mr. Big Stings
Starting point is 01:07:31 can result in people confessing to involvement in crimes that they might not have committed. Often, a suspect's personal circumstances make them vulnerable to a Mr Big sting, and when they don't have much to lose, they're especially vulnerable to threats from Mr Big to yank away the benefits they've come to rely on unless a confession is offered. One example is a case we've covered earlier this year. The drowning deaths of Newfoundland twins, Karen and Krista Hart. Their father, Nelson Hart, essentially claimed that he drove the three-year-olds to a secluded cove to play next to the water, but they both fell in when he wasn't watching,
Starting point is 01:08:13 and because he wasn't able to swim, he couldn't save them. There was some questionable post-offence conduct that put a target on Nelson Hart's back when it came to the RCMP. But he also had unique personal circumstances that not only may have explained that conduct, but also made him especially vulnerable to a Mr. Big Sting. Nelson Hart had only reached a grade five education, which may have had an impact on his judgment and critical thinking skills. He was dealing with ongoing health issues, he was unemployed on social assistance, living in poverty and led an isolated life. Nelson Hart had no friends at the time he was approached by the undercover officer playing the BFF or Rory character. But soon, he was being showered with friendship, camaraderie, more money than he'd ever imagined and respect.
Starting point is 01:09:12 In the Mr Big book, authors Brockman and Keenan examined 81 cases where confessions were extracted via a Mr Big Sting operation and found that in 23 of those cases, the confession alone was the key piece of evidence, and in fact without that confession, there would have been no other basis for a conviction. This was the case with Nelson Hart. By the time Mr Big threatened to remove him from the gang unless he confessed, Nelson had received enough money from jobs he'd completed with the gang to lift him out of poverty, and he sincerely believed that he had made close friends who respected him.
Starting point is 01:09:56 Nelson Hart confessed to Mr Big that he pushed his daughters into the water intentionally and went on to give several additional confessions to other undercover officers. The RCMP presented these confessions to the Crown as the smoking gun that Nelson Hart was responsible for the deaths of his daughters and the prosecutor ran with it. The problem was the details of his confessions were inconsistent and would change depending on who was asking and what kind of pressure they were applying. For example, Nelson told Mr Big verbally that he struck his daughters from behind with his shoulder. But during a recreation with another undercover officer, it was evident that this could not have happened because the three-year-olds were way too short for Nelson to have.
Starting point is 01:10:48 used his shoulder to push them in. So during the recreation, he used his knee to demonstrate. And in that case, because there were no witnesses and no other evidence other than Nelson's post-offence conduct, it was his confessions alone that resulted in his conviction. Nelson Hart appealed and the case ended up before the Supreme Court of Canada in 2014, who released a historic ruling that found Mr Big undercover stings pose serious risks to the justice system on three different fronts. There's obviously a danger of false confessions, and the fact that the suspect knowingly joined a criminal organization could be viewed by the jury as evidence of criminality and subtly influence their decision. There's also the potential risk for police misconduct in their
Starting point is 01:11:45 attempts to get a confession, which threatens the integrity of the justice system and the fairness of trials. Critics of Mr Big operations argue that not only does it infringe a suspect's charter right to remain silent, but it also contradicts the common law rule that confessions must be voluntary to be admissible in court. So how have Mr Big Stings been able to get away with providing incentives or threats intended to motivate a confession and then get that confession entered in evidence. Well, it's because of a legal loophole. These two key protections of a right to silence and that a confession must be voluntary only apply when a suspect is in custody or when they believe they're confessing to someone who was in a position of authority, for example, a police officer.
Starting point is 01:12:40 Now in the case of Mr Big, the suspect is not detained when they confess, and they do not know that Mr Big is a police officer, so those confessions have been permitted. But in 2014, the Supreme Court found that, quote, The law as it stands provides insufficient protection to accused persons who confess during Mr. Big operations, and ruled that those confessions are now presumed, inadmissible in court unless subject to further qualifications. Going forward, trial judges need to consider the extent of both the incentives offered to the suspect as well as any threats that they'd been given. And when it comes to the suspect themselves, their own mental health and level of
Starting point is 01:13:29 sophistication must also be considered. When it comes to the confession, trial judges will also need to take an in-depth look into the level of detail provided and compare it to other evidence to find markers of reliability. For example, did the suspect give any key details during their confession that only the person who committed the crime would know? When it came to Nelson Hart, he could not be considered a sophisticated suspect and none of his confessions passed the test when it came to markers of reliability. So the result of this Supreme Court ruling was that his confession was not admitted as evidence, which resulted in his murder charges being withdrawn. And that's not to say his confession
Starting point is 01:14:19 was false, just that it didn't have enough markers of reliability to convict him based on that alone. So after the R.V. Hart Supreme Court decision came down, Dax-Mack's legal team appealed again, arguing that his confession should also not have been admitted into evidence. His defence lawyer filed a document with the Supreme Court that read in part, quote, The psychological manipulation and trickery in a Mr Big Sting is real and potent. It would be wrong to assume that the police are not in control in such situations. They are effectively bringing the full power of the state into an accused's personal and private life.
Starting point is 01:15:06 She argued that Dax had felt threatened by undercover officers and felt there was no alternative but to make the confession up. Quote, Dax had been led to believe that he knew the location of the organisation's warehouse, knew personal details about and could recognise members of the organisation, knew where Mr Big's apartment and boat were in Vancouver. He had also been told by both Rory and Mr Bigg that they had committed murder in the park, and the enforcer character had also warned Dax that he would be dealt with if he failed to protect Rory. The Supreme Court of Canada upheld Dax-Max murder conviction,
Starting point is 01:15:51 ruling that the confessions he gave to the undercover officers were admissible as evidence. A large part of it is those markers of reliability. All four of Dax's confessions contained the same motive for killing Robert Lavoie. right down to the specific mention of the detail that Roberts stole from Dax's son's piggy bank. All four confessions also included reference to burning Robert's body at Dax's father's rural property. And unlike Nelson Hart, Dax-Mack's confession to the undercover officers resulted in important physical evidence. After confessing to undercover officer Rory, Dax immediately led him straight to the fire pit where Robbins, Robert's remains were still lying undisturbed.
Starting point is 01:16:41 As you'll recall, Dax had testified that Michael Argetta had killed Robert while they were out hunting. He told the court that he'd heard several gunshots, waited for 10 or 15 minutes, and then saw Robert's body lying in the grass. But when the remains were recovered, investigators also found five shell casings, indicating that Robert had been shot at the fire pit, which was the remains. not consistent with Dax's story, and those shell casings were then matched to a rifle found in Dax's home during the search after he'd been arrested. Dax-Mack's confession led to and was corroborated by additional evidence, but Nelson Hart's
Starting point is 01:17:26 confession did not. The Supreme Court also looked at the inducements or benefits offered to the suspect in each of the Mr. Big Stings. During Nelson Hart's, his Mr Big meeting came after he'd already been paid a total of $15,000 plus expenses and after he'd had another carrot dangled in front of him, another big job coming up that would pay him another $25,000. But there was a catch. Mr Big had to approve his participation, and what did Mr Big want in exchange for that approval for Nelson to earn? $25,000, a confession. But with Dax Mack, the RCMP officers had offered him a much more modest payout, a total of $5,000 plus expenses, only a third of what Nelson Hart had been paid. And Dax's final confession to Mr Big was not under threat of losing a large payout or
Starting point is 01:18:29 specific job. The Supreme Court found there was no improper conduct committed by the RCMP officers, and an abundance of evidence that confirmed Dax's confession. There's a reason why Mr Big Sting operations have become one of the most controversial investigative tools in Canadian history. They can crack cold cases wide open and ultimately serve justice in the eyes of many, but they can also result in a complex set of circumstances that can lead to abuse, misconduct and false confessions. Unlike the Nelson Hart case, the case against Dax Mack held water, and the two cases have been compared to each other many times as part of legal analysis.
Starting point is 01:19:20 Nelson Hart, as an example of an unsuitable target for a Mr Big Sting that was found to be an abusive process. But the case of Dax Mac has become a kind of poster child for how a responsible Mr. Big sting should be run with an appropriate subject. Despite the restraints placed on Mr Big Sting Operations from the Supreme Court of Canada, public opinion on the controversial investigative tool still remains very polarized today. Thanks for listening and special thanks to Emily G. Thompson from the award-winning morbidology podcast for research and writing in this episode.
Starting point is 01:20:09 Emily was also responsible for episode. 103 and 104, the Nelson Hart series. For the full list of resources used in this episode and anything else you want to know about the podcast, including how to access our ad-free premium feeds on Apple Podcasts, Patreon and Supercast, visit canadiantruecrime.ca.cai. As always, thank you so much for your kind ratings, reviews, messages and support. Thanks also to the host of True for voicing the disclosure. and We Talk of Dreams who composed the theme song.

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