Are Police Stations Video Recorded?
When you enter a police station, almost everything you do will be captured on video surveillance. The same is true if you find yourself in a holding cell at a police station.
Can the Police Record Me While I am on the Toilet?
Since R. v. Mok, it has been well established that video surveillance of a detainee using the toilet will constitute a violation of section 8 of the Charter. The police forces have responded by blurring out the toilet area in the holding cell, or by offering prisoners a privacy shield.
What Happens if I am Captured Using the Toilet?
If you can establish that you were recorded using the toilet, or while in a state of undress, you can bring an application alleging that your section 8 Charter rights were breached. If successful, you can apply pursuant to section 24(2) of the Charter to exclude evidence, or pursuant to section 24(1) of the Charter to stay your proceedings.
How Will I Know This Happened to Me?
When you are charged, the Crown must provide you or your lawyer with disclosure. The police station video surveillance can be requested. Once received, you will have a chance to review all aspects of your case to ensure that your Charter rights were respected.
DUI Lawyers Brampton?
A DUI charge is a serious matter. It is important when facing a DUI charge to choose an experienced Brampton DUI lawyer. Lockyer Zaduk Zeeh has a roster of experienced Brampton DUI lawyers. Call us at 416-613-0416 to schedule a consultation.