Body Worn Cameras (BWCS): Privacy vs Solid Evidence

Abstract

This paper will explore the dichotomy between the privacy concerns associated with the use of Body-Worn Cameras (“BWCs”) by law enforcement agencies, and the benefits associated with this technology, such as the evidential value of the BWCs video, audio, and images as reliable forms of evidence assisting courts and criminal justice players in making substantiated decisions and reaching just verdicts. The paper will provide a background overview of BWCs and the approach to their use in some Canadian jurisdictions, followed by a discussion on Canada’s struggles guarding the privacy of Canadians and the recent breaches of privacy conducted by the Royal Canadian Mounted Police (“RCMP”). Next, there will be a case-study section exemplifying the numerous flexible features and benefits of BWCs and produced digital evidence used in courts and police operations, followed by a section addressing the rule of law and the need for punishing police misconduct for mishandling highly sensitive information (such as that captured by BWCs). Lastly, the paper will reflect on its findings, discuss existing tensions, and propose a path forward for the safe and broad implementation of BWCs across Canada.