Cam Seized by Outaouais Police

[coyo]

You're splitting hairs and at the end of the hair, the evidence of an illegal act is on the video, but if you REALLY need a different example, here's two; Bernardo, Magnotta. You're saying those videos shouldn't be evidence?

And how is video different from any other evidence? Are you saying that Robert Pickton's farm should not have been searched for bodies? It was HIS property and the evidence found on it that was used against him.

Your theory is severely flawed.

As for your company not revealing incriminating evidence on video to police; had police had reasonable grounds to believe that there WAS video that was being suppressed, there would have been grounds for obstruct police (and perhaps obstruct justice, situational dependant). Your company was not above the law.

slight difference in being that possession of the kiddy porn is illegal so that would be what the crime is, where as being in possession of a motorcycle video is not illegal, the acts that took place in the video may very well be illegal but the video file is not.


a court case or a incident? case law is one thing, a incident that took place is another.

i use to work for a major canadian company and it was there policy to not release private video on their CCTV to police without a internal assessment of the situation. 9/10 times we would supply them with the video because it was for incidents that happened on surrounding properties and didnt incriminate us anyway but it was all locked in secure rooms so the police had to ask for it nicely or obtain a warrant (which never happened anyway) a few times they were just told that we did not have coverage on that area even if we did, but that was up to the internal department to assess first.
basically what im getting at is you need a warrant to obtain video unless its willingly given up, especially by the accused.

now i dont generally go around breaking the law and taping it so im fine, but there is a point in which property ownership must come into play and being that it can not be unwillingly taken from you regardless of who is trying to take it (so long as the property that is attempting to be taken is not illegal eg kiddie porn or an tazer)

 

[coyo]

ugh... thats depressing. i didnt read the whole thing but i got the just of it. so in theroy, if my memory card requires a password to view the files i would be fine because they cant seize it but they coulc plug it in and take a look.

aside from that, password added to my phone.....

If they have RPG they can still seize it then apply for a warrant to view, regardless of the password.

 

[Rob MacLennan]

If they have RPG they can still seize it then apply for a warrant to view, regardless of the password.

Exactly. All that the password does, is force them to get a warrant. It also isn't clear, as of yet, if this will apply to devices other than cell phones.