Impaired driving trial. Alleged s. 7 breach on the basis that the police officer’s lapel mic was not operating when he approached the accused’s truck. Officer testified that he had tested his recording equipment at the commencement of his shift, and everything was working. However, the lapel mics were known to frequently malfunction.
Held: No. s 7 breach.
Defence relied upon Santos, 2014 SKQB 5. However, in Santos the officer had intentionally turned off his microphone, and the issue was treated as a destroyed evidence case. As per McCoy, 2016 ABQB 240, there is no constitutional obligation on the police to record interactions with detainees. “A failure to create evidence cannot be equated with a failure to preserve or disclose evidence for the purpose of founding a Charter violation.”
K. Fagan – Defence Counsel