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 the police tasered him. 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. 2010
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