Being denied part of the disclosure request

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Being denied part of the disclosure request

by: StunningMule on
Wed Jan 15, 2014 2:16 pm

This is in Milton and relates to a speeding ticket.

I requested disclosure nice and early and got part of it. They sent me 2 pages of the manual for the Decateur device. So I requested again and go the whole manual. Then I had to request again to get something else. But they still weren't giving me everything I asked for, so I requested again. This time I got back a form called "Response to Disclosure Requests", with a list of Issues. Beside the relevant issue, there is a tick box and they checked two of them as "Not necessary" then in the far right column quoting case law as to why.

For example, they ticked the "Qualifications" of the officer (I had asked for training records), called it "not necessary", and quoted the following cases (which I'm having trouble finding):

R v Rashwan [2009] Q. J. No 3305
Hansen (March 2012) Milton 3761121A OCJ
R v McLachlan [2006] O.J. No. 3519

They also ticked "Calibration" of the device as "Not necessary", but didn't give any case law for that.

So I sent in another request and said this wasn't acceptable and that it wasn't up to them to say what was necessary or not. To which they replied I need to file a motion for non-disclosure.

Any advice?
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by: Decatur on
Fri Jan 17, 2014 4:03 pm

File a motion.
Just because you request something, it doesn't mean you will get it or are entitled to it. In the end it's up to the crown to decide what to give you. If someone doesn't feel this is adequate, then they can petition the court to explain why it's necessary for their defence. The court will then make the decision.
I'm actually surprised that you received a full copy of the manual when requested. This jurisdiction will not supply a copy of it.
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by: highwaystar on
Wed Jan 22, 2014 6:53 pm

Here are 2 of the cases they mentioned to you:

Rashawn and R. v. McLachlan. I can't find the "Hansen" decision from Milton---I suspect the citation given is incorrect.

As for the incomplete disclosure motion, you will need to file a section 7 Charter application. The section 7 procedure is quite similar to an 11b application, but the arguments and cases will be different (e.g. you'll definitely need to cite Stinchcombe). This site (Ticket Combat) will give you a good understanding of how to prepare and file a charter application. Good luck with your case.
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