09/03/2020
The thing about body cams
On August 31, 2020, the Toronto Police proudly announced the unveiling of body cameras for some of their officers with more to come in the near future.
While this move is widely hailed as the step towards increasing accountability and transparency by some and a tool to exonerate the cops from unfounded complaints by the others, there is a very practical and just as important implication of the body cams which has not received much attention so far.
All of you have heard by now on TV the famous warning the cops give to arrested persons: “You have the right to remain silent. Anything you do say can and will be used against you in the Court of law”. This is actually the American version. In Canada, the wording is less clear for many people, especially those whose first language is not English. It goes something like this: “You do not have to say anything in answer to the charge, but whatever you say can be given in evidence”. In any event, the biggest problem is that often times the cops neglect or “forget” to issue this standard caution and in many other cases, the individuals who are being investigated or placed under arrest do not pay attention to or ignore it.
With the advent of body cams, the right to silence becomes especially important. Think about it, what can be a better weapon against you than your own words and what can be more effective than your own words recorded on the cop’s body cam?
The truth of the matter is that once you are detained for the purposes of investigation or arrest, the police are obligated to advise you of the reason for your detention, provide you a caution regarding your right to remain silent and read you your right to retain and consult a lawyer without delay. If you invoke your right to counsel, i.e., if you answer “yes” to the question whether you wish to speak to a lawyer, the police normally must refrain from asking you any further questions until you had an opportunity to speak to a lawyer. And guess what, a lawyer will normally advise you not to answer any questions posed by the police. Unfortunately, what “detained” means is not always crystal clear even to the police, not to mention a regular folks.
Hence, it is better to err on the side of caution and remain silent whenever you are questioned by the police because remember, anything you say may be used against you and now can also be recorded on a body cam.
