COSTS AWARDED AGAINST CROWN ATTORNEY’S OFFICE

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