Does Retrieving Information for Police Make One an Agent of the State?
In determining whether or not an individual is a state agent, one needs to ask: Would the exchange between the individual and the government actor (or alleged government actor) have taken place, in the form and manner in which it did, but for the intervention of the state? R. v. Broyles , [1991] 3 S.C.R. 595 . It is an important question, as those who operate under the authority of the government may be subject to a different set of laws than those which regulate the conduct of private individuals--perhaps most importantly, the Canadian Charter of Rights and Freedoms . Under the Broyles test, whether one is an agent of the state is typically a fact-driven inquiry. Is an Individual Acting as an Agent of the State when He/She Retrieves Information at the Request of the Police The act of an individual retrieving information in response to a narrow and specific request from the police does not necessarily make that individual a state agent. Ward , at para. 96; ...