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In this episode, Mike discusses the BC Provincial Court decision R. v. Bajwa, 2025 BCPC 43 where police monitored and recorded — by video surveillance — a man using the toilet in cells for less than a minute. Although no genitalia was observed, his buttocks and thighs were videoed but there was no blurring, pixilation or blacking out of his toilet use, nor was he offered a privacy gown or shield. Did this videoing amount to an intrusion into the man’s privacy such that his right under s. 8 of the Charter — to be secure against unreasonable search or seizure — was breached? If yes, were the remedies of a stay of proceedings or exclusion of evidence in order?   

Decision on remedy (2025 BCPC 44)

BC Provincial Policing Standard 4.1.1 Video Surveillance Recording in Police Buildings

Toronto Police Service Policy — Privacy Shields

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