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What Is An R v Mok Charter Application

Video Transcript

Welcome to our website. My name is Mike Kruse, I’m the principal and owner of Kruse Law Firm.

I want to talk to you about a slightly obscure defence that has been working in the province over the last several years. And this arose from the case called Mok, M.O.K. Just a bit of background, the OPP and other police forces across Canada and particularly in Ontario. What they were doing is they were videotaping people who are brought in for impaired driving in their cells and not telling them that they were videotaping them in the nude. And that created some problems because that’s a privacy interest. People get offended by that. And they should have been telling them that, “Hey, you can cover up. We can offer you a blanket or security device. Or something to cover you up.”

So, what the police did was that they eventually put in a protocol for this to offer all these things. But in the meantime, there were many cases across the province run by our law firm and other law firms where we were able to successfully exclude evidence of over 80 – that is the breath samples – by arguing the person’s right to be secure from search and seizure was violated. Obviously, women are going to be extremely offended by this, and men too. You know, you don’t want to be unnormally surreptitiously videotaped in the nude, and it’s on a camera somewhere.

So, this was a very unique defence. It’s still in vogue in the province. There’s many police forces that are still not necessarily following the protocol. And this is leading still to winning cases, but certainly not as many from the period of about 2014 to 2016 it was extremely in vogue. But at least the OPP have put a good protocol in place now. But, they’ve got to follow it in an individual case. And if they don’t, we’re going find that defence and we are going to win on it.

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