SECTION 8 - VIDEOTAPING HOLDING CELL TOILETS
Sunday, October 11, 2015 at 10:06PM Ms. Mok was charged with impaired driving and exceed .08 in 2010. Her trial started in 2011 and concluded in 2012, when the court entered a judicial stay on her charges. That decision was appealed and the judicial stay was set aside. Ms. Mok sought leave to appeal that decision but the Ontario Court of Appeal denied her application:
The stay was originally granted by the trial judge as the remedy in this case based on the evidence that this was not a unique incident. At the time, the York Regional Police viewed and videotaped all prisoners using the toilets in their cells as a matter of policy. However, on this appeal, the court was told that since the decision of the summary conviction appeal judge upholding the finding of a s. 8 breach, steps have been taken by the York Regional Police to ensure that prisoners’ privacy while using the toilet is now protected from both viewing and videotaping. This information confirmed the findings made by a number of other trial courts recently faced with the same issue, who declined to order stays. R. v. Mok, 2015 ONCA 608