In a rare move, a judge awarded costs against the Crown Attorney’s office for their initial nondisclosure of a use of force report; forcing the defence to bring an application for its production. Magda’s client faced multiple assault police officer charges as a result of his arrest during which he was tasered by the police. The Police Services Act mandates that a use of force report be filled out and submitted by officers anytime they draw, point or discharge their handgun in the presence of the public, use a weapon, or use physical force on another person that results in an injury that requires medical treatment. Magda argued that the conduct of the Crown was a marked and unacceptable departure from the usual and reasonable standard of prosecution, the court agreed and awarded costs.
Magda’s client was ultimately acquitted of the charges.