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This argument, in my view, holds no weight. Rarely do I ever see a police report that “goes easy” on my clients. If my client is behaving like a jerk, there is no doubt that the officer will testify to what a jerk he/she was. And, in most instances, judges believe this (often uncontested) testimony of police officers. So, if my client is going to look bad, generally speaking, he’s not going to look much worse on video than he will based on the officer’s description.
The province says it ran a review of the weapon with various organizations and trialed it with RCMP and police agencies in Victoria, Vancouver and Port Moody from April to December 2023. No serious injuries or deaths were reported during that period, according to the province.
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Make friends with a local police department and ask them to get a sample from Taser, then 'borrow' it from them.
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David Anber has been a trailblazing legal practitioner since 2006. His early entry into law practice during his studies marked the beginning of a distinguished career. As a member of both Ontario and Quebec’s bar associations, David excels in defending traffic and criminal cases across both provinces. David contributes to legal discourse through articles for the Defence Counsel Association of Ottawa and the Criminal Lawyer’s Association of Ontario.
Lately, I have been frequently asked by clients if they can see the video footage from the dash-mounted cameras (aka dash-cams or dashboard cameras) in police cars.
Where does the noun Taser come from? ... The earliest known use of the noun Taser is in the 1970s. OED's earliest evidence for Taser is from 1972, in Science.
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B.C. has approved a new grade of Taser for police to use in the province, which allows them to fire two shots in a row and at a shorter distance, among other features.
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There is no B.C. or Canadian database of Taser-related injuries or deaths, but a 2013 report from the Council of Canadian Academies found there had been about 33 deaths proximal to conductive energy weapons since the devices were introduced in the 1990s. At the time, the expert panel said its review of available evidence suggested “that while fatal complications are biologically plausible, they would be extremely rare.”
If you have any questions, please do not hesitate to call David or Matthew at David Anber’s law office for more information.
Earlier, I made the argument that any infrequent downside is outweighed by a more frequent upside (and one of a greater magnitude). Here are just some recent examples of how dash-cam footage has brought about a good result for a client of my Law Office:
To be clear, many – if not most – criminal defense lawyers share my view that cameras would be a good thing. But I have frequently heard lawyers say that it will just be more (and clearer) evidence that will make our clients look worse: more belligerent, drunker, more unreasonable, etc.
Amnesty International published a report in 2007 that raised concerns about Canadian police using Tasers inappropriately or excessively.
“While all weapons have the capacity to be abused when not strictly controlled, Amnesty International believes electro-shock weapons are particularly easy to abuse as they are portable, simple to deploy and have the capacity to inflict severe pain at the push of a button, often without leaving marks,” the human rights organization wrote.
I personally wish to echo these comments. In this day and age, it is incomprehensible that police cars / officers are not equipped with onboard cameras.
There are many arguments raised as to why police cars shouldn’t have cameras. Often cost is cited. But as Justice Harris commented above, hours of resources (court time, judge’s time, prosecutor’s time, etc.) are spent on cases where many arguments could be resolved if there was clear audio/video evidence.
This is yet another case where an audio-video recording of events by means of a dash-cam and / or a body camera could have shortened or even eliminated the trial proceedings. The points in issue here included the length of time that Mr. Hamel drove along the shoulder of the highway before bringing his vehicle to a complete stop. A recording of these events by means of a dash-cam in the police car would likely have provided a clear answer to that question. Other points in issue were what was said to and by Mr. Hamel and when these things were said. An audio-video recording of these events by means of a body camera worn by Constable Morris might well have resolved those issues. Instead, we spent a full day hearing evidence and submissions and I spent many hours preparing these reasons for judgment.
The categorization of Tasers as intermediate weapons has raised concern from some groups in the past. The Canadian Mental Health Association’s B.C. division has previously said that, while it prefers the use of Tasers to lethal force, it believes they should only be considered when all other options have been exhausted.
Before discussing my experience with dash-cam cases, I wanted to reiterate that most police forces do not currently use this technology. I have yet to see a case in Quebec where the police cars were equipped with a camera. One of my early cases involving the OPP back in 2007 (Ottawa) had dash camera footage but this was phased out shortly after that. I have had a handful of cases in Toronto or the GTA where I had access to such video. More recently though, the only jurisdiction where I have consistently received it is with the RCMP. The RCMP patrols certain roads in Ottawa which are designated as “national capital” roadways. In almost all of my recent RCMP cases there has been video.
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Amnesty said it recognizes Tasers as an important means to avoid otherwise lethal options but, like the Canadian Mental Association, recommended that more restraint be used.
It reviewed a number of cases in which police officers were determined to have used excessive force while deploying a Taser on someone, including several incidents in B.C.
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I will point out that more than 30 per cent of the trials held in Halton Region in 2017 involved drinking / driving cases. The above comments are equally applicable to many of them. Some of these cases however took two or three days to complete in court rather than just one. It strikes me that it would be a much better allocation of resources to place cameras in police cars and on police officers thereby freeing up much of this court time and allowing us to hear cases in a more timely manner.
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These are just a few ways in which video can be useful to defending an impaired driving charge, a drug stop, a traffic stop or any other type of investigation.
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In B.C., Tasers are categorized as “intermediate weapons.” Also known as “less-lethal weapons” these devices are intended to incapacitate a person or cause compliance through pain, but they are not “likely to cause serious injury or death,” according to provincial policing standards. Other intermediate weapons include batons, pepper spray, tear gas, and bean bag or rubber bullet launchers.
Every police force’s system is different. With the RCMP in Ottawa there is a front facing camera that shows everything going on in front of the police cruiser. In most cases there is also a second camera pointed on the back seat (the caged in area) of the cruiser where the detainee sits. The police officers have a microphone on their body and there is an on-off switch on the microphone. Essentially, the video is constantly recording but constantly deleting itself after 30 seconds. When the officer turns the recording equipment on, the video is preserved from 30-seconds back and onward. The audio starts recording when the button is pressed.
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Yes, it is true that there are times where the prosecution’s case is improved by having video evidence. But from my experience this happens rarely. And for every time the prosecution’s case improved a little, I’d bet (from my experience) that there are 10 cases where the prosecutor’s case is harmed a lot.
As compared to older models of Tasers, the Taser 7 is capable of discharging a second shot without reloading a new cartridge, can be fired at a shorter distance, offers two laser sights, provides a warning signal prior to being discharged and uploads data for police officers instead of them having to do so manually.
VIOFO T130 3 Channel Dash Cam has a pivoting interior camera that can be aimed at the driver window. I don't have one, but came across this a ...