Ali Showbeg’s constitutional rights were not violated when an unknown Toronto police officer leaked on-board video showing him dropping a handgun in the back of a cruiser, a judge has ruled.
The 39-year-old Mississauga man faces a firearms charge and refuses to give a breath sample after officers arrested him in downtown Toronto for impaired driving on 27 October 2019.
Showbeg’s arrest and infamous drive to a police station, capturing him trying to secretly drop the gun in the back seat, was recorded by the cruiser’s on-board camera system. Within days, the footage was leaked to the media and became a viral internet sensation.
At a hearing this spring, defense attorney Kim Schofield argued that the gun evidence should be excluded and that Showbeg’s charges were stayed because his privacy rights under of the Charter have been violated.
On Thursday, Ontario Court Judge Howard Chisvin dismissed the argument.
“The information that was disclosed here about Mr. Showbeg was information of a public nature…none of the information disclosed by the video was personal,” Chisvin said as he read portions of his written decision in court via Zoom on Thursday.
In any event, the video would eventually have become part of the public record out of necessity, becoming an exhibit at trial, he said.
Showbeg’s evidence that the release caused him extreme psychological harm existed before the leak, the judge continued. “While the leaked video may have heightened some of those feelings, it was certainly not the cause of those psychological concerns.”
The ruling means the evidence of the Sig Sauer mini pistol is preserved. At the time of his arrest, Showbeg was under two life bans from carrying weapons.
Showbeg testified that he carried a gun because he feared for his life after he was shot in 2015. He is suing Toronto police for failing to protect him.
The judge, however, found that the police violated Showbeg’s rights by failing to bring him to court in a timely manner. The Crown had acknowledged the violation.
Again, the judge downplayed the impact of the violation on Showbeg, calling it “relatively minimal.” He noted that he remained in custody until March 2021, when he was released on bail.
Chisvin said he would not exclude the evidence, but would consider the violation at sentencing.
Because Showbeg admitted to the illegal conduct, prosecutor Mark Friedman asked Chisvin if any convictions should be issued.
The judge deferred any decision to a later date.
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