Trial on a charge of possession of marihuana for the purpose of trafficking. Vehicle stop. Drugs ultimately excluded on the basis of ss. 8 and 9 breaches. One issue being the use of the RCMP VICS camera. The camera captured the police interactions with the accused, however, the police intentionally turned off the recording at any point when they were discussing strategy, or, communicating with dispatch and learning of information regarding the accused or the vehicle.
Held: No s. 7 breach.
Two different approaches have emerged regarding the question as to when (if ever) the police failure to properly record their investigation when equipped with a VICS camera may amount to a s. 7 breach (see: McCoy, 2016 ABQB 240 and Santos, 2014 SKQB 5). Santos followed. A s. 7 breach arises if the non-recording by police was done “in bad faith … to frustrate the Crown’s obligation to provide disclosure.” Test not met.
E. Funk – Defence Counsel