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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.

Retention polices vary from one service to the next. If the video isnt 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 its available.

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?

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.

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.

The Crown is supposed to disclose all evidence, regardless if they intend to introduce it at trial.