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Tasers are devices that can project tiny darts into an attacker from about 4.5 metres away. The darts remain connected to the taser by thin wires, which can pierce up to 5 centimetres of clothing to conduct an electric shock, causing full neuromuscular incapacitation. In other words, tasers can be fired from a distance to stop an attacker by temporarily paralyzing them with 50,000 volts of electricity.
As Shelly Bradbury reported this week in The Denver Post, "A handful of local law enforcement agencies are considering using drones as first responders—that is, sending them in response to 911 calls—as police departments across Colorado continue to widely embrace the use of the remote-controlled flying machines."
Only certain members of law enforcement are permitted to carry a Taser, and those officers must be trained and qualified to carry it. Even then, tasers are only permitted to be used in instances of self-defence of the officer or crowd control measures. They are only to be used when an attacker is causing harm or about to cause harm to themselves or someone else.
Stun guns are devices that also carry electrical current to stop a physical attack, but a stun gun must make direct physical contact with the target. The electric shock is temporary, but a stun gun can deliver multiple shocks on a single charge.
Tasers are the brand name of a particular conducted energy device. Tasers are made in the United States, and only one company can import them into Canada. From there, the sale of every taser is tracked and registered. Still, taser issues have hit the headlines since 2005, and debate about their use continues:
"Sending out a drone for any time there is a 911 call, it could be dangerous and lead to more over-policing of communities of color," Laura Moraff, a staff attorney for the American Civil Liberties Union of Colorado, told The Denver Post. "There is also just the risk that the more that we normalize having drones in the skies, the more it can really affect behavior on a massive scale, if we are just looking up and seeing drones all over the place, knowing that police are watching us."
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The Crown Prosecutor tends to build criminal cases on more than one charge, so criminal cases become very difficult to fight on one’s own. A criminal defence lawyer can help get charges reduced or dropped, mitigate any punishment or repercussions, and sometimes get a criminal record cleared. At Chadi & Company, we listen to our clients and provide specific, attentive legal counsel based on the specifics of your case. There are many sides to a prohibited weapons case, and our lawyers build a defence to address every possible path to our clients’ freedom.
Canada’s taser laws are clear in that tasers are prohibited weapons, and that use and ownership of a taser could garner criminal charges. In fact, any weapon owned for the sole purpose of self-defence is illegal in Canada, including pepper spray and stun guns. Carrying a pocketknife is legal in Canada, provided you intend to use the knife for practical purposes other than defence. One could also carry a hard case flashlight, tactical pen, air horn, whistle, or other noise-emitting device to prevent harm against oneself. Items like hair spray, body spray or hand sanitizer may also be effective when warding off physical threats.
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Alberta law takes all weapons offences very seriously. It is extremely important to consult with an Edmonton criminal defence lawyer for charges related to Taser possession or other self-defence law inquiries.
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Bradbury quotes Arapahoe County Sheriff Jeremiah Gates saying, "This really is the future of law enforcement at some point, whether we like it or not." She notes that while there are currently no official plans in place, "Gates envisions a world where a drone is dispatched to a call about a broken traffic light or a suspicious vehicle instead of a sheriff's deputy, allowing actual deputies to prioritize more pressing calls for help."
Canada’s taser laws and prohibited weapons charges can result in a range of punishments. Some weapons charges may be less serious summary offences, and conviction of a summary offence may include fines and imprisonment of fewer than two years. Still, even less serious charges can lead to significant time spent behind bars.
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A single act of using a Taser can garner several criminal charges, so it is extremely important to contact experienced weapons offence lawyers to represent you. Edmonton-based Chadi & Company defends clients from around Alberta and Western Canada in various criminal matters, particularly prohibited weapons charges. Book a free consultation with Chadi & Company by calling (780) 429-2300 or contact us online today.
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An object with practical uses may be used to aid a person’s safety in the face of a threat, but keep in mind that the concept of reasonable force still applies. The response to the threat cannot be greater than the threat perceived.
In addition to helping stem the number of calls an officer must respond to in person, some law enforcement agencies see this as a means of saving money. One Commerce City police official told The Denver Post that "what we see out of it is, it's a lot cheaper than an officer, basically." The National Desk reports that Denver intends for its program to make up for an $8.4 million cut to the police budget this year. (After this article's publication, a representative from the Denver Police Department told Reason that "the creation of the drone program is neither related to nor a response to the recent budget cuts.")*
Presently, tasers and stun guns fall under the prohibited weapons umbrella of the Canada Criminal Code, and there is a complete ban on owning these items.
In Michigan, for example, police hired a drone pilot to take pictures of a person's property rather than go to the trouble of getting a warrant. Earlier this month, the state supreme court upheld the search, ruling that since the purpose was for civil code enforcement and not a criminal violation, it didn't matter whether the search violated the Fourth Amendment.
Canadian law divides weapons into restricted and prohibited categories. Both tasers and stun guns are considered prohibited weapons, and possession and use of these items are fully banned under the Canada Criminal Code on Prohibited Weapons. Similarly, any item carried for the express purpose of self-defence is considered illegal in Canada.
Indeed, while this sort of dystopic panopticon would certainly make life easier for officers day to day, it would signal the further erosion of the average Coloradan's Fourth Amendment rights.
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On one hand, there is certainly merit to such a proposal: Unless they're of the Predator variety, drones are much less likely than officers to kill or maim innocent civilians—or their dogs. And as Gates noted, drones could take some of the busywork out of policing by taking some of the more mundane tasks off an officer's plate.
If you are caught carrying a Taser or stun gun, you can be arrested without a warrant and charged with an indictable offence or a summary offence. The severity of the charge is up to the discretion of the Crown Prosecutor. It takes an experienced legal professional who understands Canada’s taser laws to represent you in this prohibited weapons case. An effective Edmonton criminal lawyer is the difference between an indictable offence and up to five years in jail or a much less serious charge of a summary offence. Book a free consultation with Chadi & Company by calling (780) 429-2300 or contact us online today.
Firearms and weapons charges are seen as some of the most serious criminal offences in Alberta. Because conducted energy devices are banned, Canada’s taser laws permit law enforcement to file charges on possession of a taser, and the circumstances of the case may yield additional charges that include assault, carrying a concealed weapon, and weapons trafficking. These additional charges can easily make a dangerous situation appear far worse than it is, so hiring experienced criminal defence lawyers is vital to your freedom. Book a free consultation with Chadi & Company by calling (780) 429-2300 or contact us online today.
"The fact that a random person might catch a glimpse of your yard while flying from one place to another does not make it reasonable for law enforcement officials to take to the skies and train high-powered optics on the private space right outside your home without a warrant," the court found. "Unregulated aerial surveillance of the home with high-powered optics is the kind of police practice that is 'inconsistent with the aims of a free and open society.'"
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Thankfully, there are some positive developments on that front: In March, the Alaska Supreme Court ruled against state troopers who flew a plane over a suspect's house and took pictures with a high-powered zoom lens to see if he was growing marijuana.
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The Denver Police Department—whose then-chief in 2013 called the use of drones by police "controversial" and said that "constitutionally there are a lot of unanswered questions about how they can be used"—is also starting a program, buying several drones over the next year that can eventually function as first responders.
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For instance, if a burglar enters a home and the homeowner knocks the burglar down and calls the police, that is considered a reasonable response of force. If the homeowner uses a Taser or firearm against the burglar or applies lethal force, Canadian law would likely deem that unreasonable or excessive force and the homeowner may be charged with assault or other violent charges.
Chadi & Company is an award-winning criminal defence firm that has successfully defended countless clients against weapons charges and other serious offences in Edmonton and across Alberta. We thoroughly investigate your case to determine how to proceed in building your case while ensuring that you fully understand your rights and options throughout the criminal defence process. Book a free initial consultation with Chadi & Company by calling (780) 429-2300 or contact us online today. We are here to help.
Since Canada’s taser laws forbid the use of a taser or stun gun, using one of these conducted energy devices in self-defence is not legal. Ownership or possession of a Taser may yield multiple criminal charges. Canadian law allows its citizens to defend themselves and their property using reasonable force. In other words, use only as much force as necessary to remove the threat to yourself, your property, or another person, usually with the least violence possible. If too much force is used, the attacked person could be charged with a crime.
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Instead of dispatching an officer each time, several Colorado police departments may soon dispatch a drone to respond to certain 911 calls. While the proposal has promise, it also raises uncomfortable questions about privacy.
When facing a threat against ourselves or our loved ones, it seems only natural to exercise self-defence to stop that threat. A reasonable and effective means of neutralizing a threat may seem to be an item that can stun an attacker without permanent or lethal damage. Still, tasers, stun guns, and any other conducted energy weapons (CEWs) are all illegal under section 84 of the Canada Criminal Code. Using or even possessing a Taser can yield an arrest in Alberta.
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Regardless of the type of charge levied against you, having experienced legal representation makes the difference between a minimal prosecution with a clean record and a significant jail term and serious limits on your personal freedoms in the future to work, travel, or get a loan. An experienced criminal defence lawyer can be the difference between dismissing charges and spending years in jail.
In Canada, all taser possession is considered illegal. There is a categorical ban on all conducted energy weapons such as stun guns or tasers, according to section 84 of the Canada Criminal Code. There are few exceptions – law enforcement officials with proper training and certification are permitted to carry tasers. Still, even then, the legal use of a Taser only applies to very specific circumstances. For example, Military Police are permitted to carry energy devices under Canadian taser laws, but they must be trained and qualified, and they must recertify every year.
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Some charges may fall under the category of indictable offences or more serious charges, which are punishable by longer imprisonment terms. These cases can also heard before a judge and jury in the Superior Court.
In addition to Denver and Arapahoe County, Bradbury lists numerous Colorado law enforcement agencies that also have drone programs, including the Colorado State Patrol, which has 24 drones, and the Commerce City Police Department, which has eight drones and 12 pilots for a city of around 62,000 people and plans to begin using them for 911 response within a year.
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