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How long does a cop keep their videos?
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PostPosted: Sun Dec 25, 2011 1:27 am 
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Joined: Sat Dec 24, 2011 10:10 am
Posts: 18
A cop that stopped me said I was being video and audio recorded.
Will the cop keep that video so I can ask for a copy of it in disclosure?
Or will they just delete it because there wasn't an incident.


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Re: How long does a cop keep their videos?
PostPosted: Mon Dec 26, 2011 12:52 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Retention polices vary from one service to the next. If the video isn’t related to any particular incident, it may be kept for a very short period of time. Only way to know is request it and see if it’s available.


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Re: How long does a cop keep their videos?
PostPosted: Tue Dec 27, 2011 6:34 pm 
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Joined: Wed Oct 26, 2011 11:19 pm
Posts: 61
Stanton,

If the Crown chooses not to use the video evidence during trial, wouldn't that be arguably an example of prejudice and be quashed under s. 7 of the Charter?


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Re: How long does a cop keep their videos?
PostPosted: Tue Dec 27, 2011 7:09 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
mnstrcck wrote:
Stanton,

If the Crown chooses not to use the video evidence during trial, wouldn't that be arguably an example of prejudice and be quashed under s. 7 of the Charter?


I don't believe so. The Crown has the prerogative to select which evidence is presented at trial. If they feel a particular piece of evidence or a witness does nothing to further their case, they don't need to present it. There may also be times where video evidence is deemed inadmissible at trial and can't be presented.

That being said if there is video, the Crown would have to make defence aware of it through disclosure. If the defence feels the video strengthens their case, there is nothing stopping them from presenting it.

The only issue I could see would be if the Crown fails to disclose the existence of video to the defence.


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Re: How long does a cop keep their videos?
PostPosted: Tue Dec 27, 2011 7:22 pm 
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Joined: Wed Oct 26, 2011 11:19 pm
Posts: 61
Stanton wrote:
The only issue I could see would be if the Crown fails to disclose the existence of video to the defence.


To clarify, you're saying that it would be an issue if Crown fails to disclose the existence of video evidence, even if it chooses not to use it? Or if Crown chooses to use video evidence it has not disclosed?

Thanks for answering.


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Re: How long does a cop keep their videos?
PostPosted: Tue Dec 27, 2011 8:44 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
The Crown is supposed to disclose all evidence, regardless if they intend to introduce it at trial.


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