Trial on a charge of resisting arrest. Following the accused’s arrest, a physical altercation ensued with police at the detachment. The accused was injured, and ultimately hospitalized. One issue was an alleged s. 7 breach arising from the police failure to use audio visual equipment at their disposal. Police did not activate their recording equipment while dealing with the accused at the detachment.
Held: No. s. 7 breach.
The police have no constitutional duty to “create evidence.” As per Paulishen, 2017 ABQB 61, there may be cases were the deliberate failure on the part of police to utilize recording equipment may adversely affect the accused’s right to a fair trial. However, in the present case there was no improper motive or indifference on the part of the police in failing to record their interactions with the already arrested accused. Bero (2000) 151 CCC (3d) 545 (Ont CA) distinguished on the basis that no destruction of evidence occurred.
T. Engel – Defence Counsel