Failure to use dashcams concerns lawyers
Police dashboard cameras provide an important and impartial record of events that protects citizens as well as officers, and it is “disappointing ” that the Royal Canadian Mounted Police has not activated video recording systems installed in its cars two years ago, say two Saskatoon defence lawyers.
Eight RCMP divisions across Canada spent a combined $3.4 million on the new dashboard cameras in 2013 and 2014, but the force has since made the intentional decision not to activate them, according to a decision filed in Regina Provincial Court last month. The cameras cannot even be switched on because the force lacks a policy on how the footage will be stored, the decision said.
That is a concern for defence lawyer Brian Pfefferle, who said while video evidence is a mixed blessing for defence lawyers — it can lead to convictions in cases that would otherwise have resulted in acquittal — there is no doubt Canada’s justice system works better when such neutral evidence is available.
“From a justice system perspective, video evidence should be obtained in all cases,” Pfefferle said, adding that he has handled multiple cases where the outcome could have been different had a recording been available, and that it not only protects citizens from potential abuses of police power but also shields officers from unfounded complaints about their conduct.
Lisa Watson, who practises criminal law in Saskatoon, agreed. She said “absolutely it’s concerning” that the RCMP cannot provide unbiased video evidence that could protect both citizens and police officers. Answers about why the footage is not available have been hard to come by, she said.
“I would certainly like to know more about the reason why (dashcam footage is not available), and I think the taxpayer deserves to know more about the reason why such resources were expended on this system and it’s never been implemented,” Watson said.
It is not clear why the RCMP has taken two years to develop a policy for how the new dashboard cameras should be used. A 2015 audit of the force’s procurement process described the cameras as important for accountability and transparency.
RCMP spokeswoman Natalie Gray provided a lengthy written statement saying, in part, that a three-detachment pilot project that was started on May 29 and is slated to conclude on Aug. 29 is the “last step” in a process begun when the force began looking into ways to update its technology and “data management practices.”
Gray’s statement did not explain why the process, which began in 2013, has taken four years.
Curtis Zablocki, commanding officer of the RCMP’s “F” Division, which covers Saskatchewan, said in another statement: “I am pleased with the early results of the pilot project and I look forward to our provincewide rollout.”
The pilot project was a critical step in the process as it ensures we have sound data management processes in place to diligently manage the information these systems gather. This is vital as video gathered by these systems may be presented in court.”
According to the audit report, the RCMP’s procurement process for the new cameras concentrated on acquiring the equipment and did not pay enough attention to how the footage would be downloaded and stored. The report recommended the force continue to work on the issue.
That was two years ago. In the decision filed last month, Saskatchewan provincial court judge Barbara Tomkins wrote that an RCMP constable told court “the equipment was in her vehicle when she started using it two years ago but the anticipated policy and training is not yet available.”
In late 2013, the force launched a project to determine whether officers in the field should be equipped with body cameras. Three years later, the RCMP put the project on hold.