Canadian Lawyer

w w w . C a n a D I a n L a w y e r m a g . c o m J a n u a r y 2 0 1 5 11 \ at L a n t I C \ C E n t r a L \ w E s t rEgIonaL wrap-up Defence bar confl icted over body cams on cops I f plans hold, some 550 of Calgary's front-line police officers are now patrolling the streets equipped with so called "body cams." They are cellphone-sized cameras attached to police uniforms. Police forces in Toron- to, Vancouver, Edmonton, and else- where have been trying out the devices but Calgary police are among the first in the country to take them beyond the experimental stage to a full roll out. Reaction from the Alberta defence bar and privacy advocates has been mixed. Perhaps surprisingly given his fre- quent courtroom battles with police, outspoken Edmonton criminal defence lawyer Tom Engel likes the cameras. Leaving aside privacy issues he says, "there is no downside only an upside." That said, Engel wants strict "rules of engagement" in place. "When [a police officer] has an incident [the officer] must turn it on," he says. Engel does not want police to be in a pick- and-choose situation. He also wants tight control of camera maintenance. He said cameras must be tested before a shift and if they are not working they must be replaced. In Engel's eyes, they are a powerful tool but they have to be carefully managed. He wants the video available regardless of who looks good or bad. Engel sees the cameras "creating an undisputed record of what happened . . . it will create accountability." From a defence perspective he believes "it will see prosecutions being dropped." But he acknowledges it will also "reduce frivo- lous complaints from the public." It is that aspect that has Calgary defence lawyer and registered nurse Maggie O'Shaughnessy worried. While the cameras may make police "behave themselves" when dealing with the public, she foresees cameras creating challenges in preparing and maintain- ing a defence in some circumstances when a client "has been naughty." However, O'Shaughnessy agrees they could contribute to speedier and fairer trials. "The cameras will provide a bet- ter record in court than an officer tes- tifying based on notes, 18 months after the fact," she says. Any reservations O'Shaughnessy may harbour about the cameras on police officers completely vanish when it comes to jail guards. "They should be equipped with the cameras," she says, adding that would dramatically reduce the abuse, beatings, and misbehaviour she alleges are rampant in the Calgary Remand Centre. "People are better behaved when they know they're on camera. It's the same everywhere." As for the Calgary Police Service and even the officer's union there is a strong feeling the cameras will curb frivolous complaints about police t his year the Canadian Bar Association's Alberta branch is rather modestly acknowledging its 100th anniversary. The organization is not saying anything offi- cial, but records are sketchy and the 100th anniversary is more a best guess than a prov- able historic fact. What is known for sure is that the first Alberta branch president was named in 1915. He was noted Calgary lawyer and future, if somewhat unsuccessful, prime minister of Canada, R.B. Bennett. So the Alberta branch, which now has close to 5,000 members, decided to mark 2015 as its centenary. "We're recognizing a hundred years of serving Alberta's legal profession," says cur- rent branch president and Edmonton lawyer, Steven Mandziuk. The anniversary will be marked early this year by a special "history" edition of the branch's magazine Law Matters. — ge continued on page 12 cBa's alBerTa secTion QuieTlY marks 100Th anniversarY w E s t

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