Ismael Habib trial: Defence questions legitimacy of Mr. Big sting confession

Ismael Habib, 29, believed he was talking to a crime boss when he confessed he wanted to go to Syria and fight with ISIS. Now his defence lawyer, Charles Montpetit, is arguing his words should not be used against him.

Montpetitis contesting the admissibility of a key piece of evidence obtained ina Mr. Big-stylesting operation which took place last February.

• Ismael Habib confesses to whipping Syrian prisoner, supporting ISIS in Mr. Big sting
• Ismael Habib likened ISIS to Hells Angels, RCMP undercover agent testifies

Habibis charged with attempting to leave Canada to commit terrorist acts and giving false information to obtain a passport. The trial, now in its sixth day, is being heard by Quebec Court Judge Serge Dlisleat theMontreal courthouse.

How Mr. Big sting works

For the last few days, the court has been hearing from an undercover RCMP officer known as "the Boss" abouta series of scenariosinvolving at least six undercover agentswhich have the hallmarks of a Mr. Big-style operation.

The Boss testified he portrayed himself asthe leader of an organization that couldhelp Habibillegally obtain a passport.Habib's own had been seized in 2013.

In a Mr. Big sting, undercover cops pretend to be part of a criminal organization. An officer posing as a gang member befriends the suspect, and after being hired to do menial odd jobs, the suspect is confronted by the bossof the fictitious gang and told to either confess to a past crime or explain some incriminating evidence in the boss's possession.

Police investigatorsvideotapethe confession with a hidden camera.

Since the 1990s, this technique has been used in Canada more than 350 timesand has secured confessions andconvictions in hundreds of cases.

• Mr. Big stings: cops, criminals and confessions

Supreme Court restrictions

However, aSupreme Court of Canada decision in 2014limited how evidence derived from a Mr. Big-style sting can be used.

Now, the starting point from a Mr. Big investigation is thatconfessions derived from such a sting are notadmissible to prove a defendant'sguilt.

A Mr. Big confession can befound admissible only if it proves to bea critical piece of evidence that iscorroborated by other evidence and if the police can show they have not abused their power in persuading the accused to confess.

After all the evidence is presented, it willbe up to the judgeto determine whether Habib's words can be used against him in determining whether he is guilty.

Can intention be confessed?

The defence is also arguing that Habib's confessionof his intention to go overseas and wagejihad is different fromconfessing to an actual murder that has already been committed.

In Habib's case, he believed the agent was able to gethim a passport something multiple Crown witnesses have testified he wanted badly. Habib's wife and children are living overseas, and the court has heard that he wanted to see them again.

Habib's defence will argue that in this circumstance, he would have said anything to please the Boss, which taints his testimony.

Habib is the first adult in Quebec to be tried under this section of the Anti-Terrorism Act, which was enacted under the Conservative government in 2013.

More on the Ismael Habib trial:

• Day One
• Day Two
• Day Three
• Day Four
• Day Five