Disclosure request content

User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

You have a right to a speedy and fair trial, but disclosure is a bit of a different animal. In short, yes, if they don't give you proper disclosure, the proceedings can be stopped. The Crown must get the disclosure package ready for you in a reasonable amount of time before the trial, if you've requested one. If they don't, you can file a motion to "stay" the proceedings. On the day of trial, the Justice of the Peace will review the motion, look at when the disclosure request was made, what the Crown did to comply, what is missing and how it would affect the outcome. After that, he or she will decide if the proceedings must be quashed or can continue, or if something like an adjournment would be appropriate.

To get the proceedings stayed, you have to show that the Crown failed in their duty to disclose, and it wasn't just a simple error or omission. A simple error or missing document can be fixed by an adjournment - gives the Crown time to get the info to you. (At least, this is what I've seen from having observed POA trials.)


CoolChick
Member
Member
Posts: 103
Joined:

Unread post by CoolChick on

Thanks Radar.... I am digesting all the info...


gt0ro
Newbie
Newbie
Posts: 7
Joined:

Unread post by gt0ro on

Two recordable request is good?

I've only sent in one by registered mail. So I guess I'll send in a second letter.

btw, I didn't request anything in my first attempt... i was at the office of the prosecuter but was turned away.


Reflections wrote:
gt0ro wrote:I haven't gotten any response yet and it's past my diary date. I'm planning on sending in another disclosure request.

Is there anything different I have to add from my first request? ie. telling them i haven't received anything or any response from my first request. this is my second request...

thanks!
Nope, two "recordable" request is plenty..... then you can argue improper disclosure....


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Moderator

Unread post by Reflections on

gt0ro wrote:Two recordable request is good?

I've only sent in one by registered mail. So I guess I'll send in a second letter.

btw, I didn't request anything in my first attempt... i was at the office of the prosecuter but was turned away.


Reflections wrote:
gt0ro wrote:I haven't gotten any response yet and it's past my diary date. I'm planning on sending in another disclosure request.

Is there anything different I have to add from my first request? ie. telling them i haven't received anything or any response from my first request. this is my second request...

thanks!
Nope, two "recordable" request is plenty..... then you can argue improper disclosure....
Two recordable, fax or registered mail. Showing up and asking doesn't count.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


CoolChick
Member
Member
Posts: 103
Joined:

Unread post by CoolChick on

Try using a Notary. A notary is considered like a judge in that what they sign is unquestionable PROOF. If they do not respond to a notarised demand then send a notice (again notarised) that recognises their failure to respond.... this keeps a proven paper trail that cannot be refuted. It will serve as proof that your requests were not honoured...and that they are in dishonour. Remember to give them a time frame in which to respond in the first request...once time has elapsed give the notice noticing their non response. you could go even further but obviously at this point you may get what you need and may not need to go any further.


davec
Newbie
Newbie
Posts: 22
Joined:

Unread post by davec on

I just went to the courthouse in Orangeville and presented the request for disclosure to the clerk. I was told I had to use their form and send the request to another address which is the prosecutors office. I am planning on mailing it, but should I send it to the court, or the prosecutors office ?


User avatar
neo333
Jr. Member
Jr. Member
Posts: 68
Joined:
Location: Toronto, Ontario

Unread post by neo333 on

dave, I recommend that you NOT use their form. It usually does not allow you to ask for what you really want and need. They cannot force you to use their form.

Disclosure requests are usually sent to prosecution (not court) as they are responsible for the disclosure. Ticketcombat.ca has a good example of a disclosure request letter (edit for your specific case).


User avatar
neo333
Jr. Member
Jr. Member
Posts: 68
Joined:
Location: Toronto, Ontario

Unread post by neo333 on

CoolChick wrote:Try using a Notary. A notary is considered like a judge in that what they sign is unquestionable PROOF. If they do not respond to a notarised demand then send a notice (again notarised) that recognises their failure to respond.... this keeps a proven paper trail that cannot be refuted. It will serve as proof that your requests were not honoured...and that they are in dishonour. Remember to give them a time frame in which to respond in the first request...once time has elapsed give the notice noticing their non response. you could go even further but obviously at this point you may get what you need and may not need to go any further.
I think this is overkill! You definitely do not need a notary for disclosure. Type a letter and either fax or mail it registered. If you fax, make sure the machine spits out a confirmation. Registered mail or confirmed fax are more than enough to prove to a judge that you asked for disclosure.
If you drop it off in person to the prosecution, make sure you get back a stamped copy.

Keep is simple folks....


davec
Newbie
Newbie
Posts: 22
Joined:

Unread post by davec on

neo333 wrote:dave, I recommend that you NOT use their form. It usually does not allow you to ask for what you really want and need. They cannot force you to use their form.

Disclosure requests are usually sent to prosecution (not court) as they are responsible for the disclosure. Ticketcombat.ca has a good example of a disclosure request letter (edit for your specific case).
I did use the form from ticketcombat.com they just phoned to ask how we wanted the information. They would not mail it, either pick it up or fax. I asked why and they said that mail was not provable.

Dave


CoolChick
Member
Member
Posts: 103
Joined:

Unread post by CoolChick on

You may think using a notary is overkill...BUT you should realise that a notary has equal powers to a judge !!!

I still say get it notarised. Infact use a notary for anything you need to establish as truth including establishing the truth of all actions against you. For example witnesses in a court case as well as requests stating that you have requested umpteen times and that your reques is being ignored/denied.


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Moderator

Unread post by Reflections on

CoolChick wrote:You may think using a notary is overkill...BUT you should realise that a notary has equal powers to a judge !!!

I still say get it notarised. Infact use a notary for anything you need to establish as truth including establishing the truth of all actions against you. For example witnesses in a court case as well as requests stating that you have requested umpteen times and that your reques is being ignored/denied.
A notary may wield more weight but it is more then what you need, as recognized by the courts.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


CoolChick
Member
Member
Posts: 103
Joined:

Unread post by CoolChick on

In some cases it may be more that what you need, but if you want to ensure that your truth is sealed and acknowledged a notary is foolproof.


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

Canadian notaries public are generally restricted to administering oaths, witnessing signatures on affidavits and statutory declarations, certifying true copies, and so forth.

Therfore it is still a waste of time to notorize a request for disclosure. They would sign and stamp a request for disclosure, still NO proof it ever gets to the court house.

Best way as others have stated: walk the disclosure request in and get it stamped by the clerk, or fax it and keep the "ok" receipt. Now one has proof that disclosure was asked for. Will be up to the crown to then prove that disclosure was sent to defendant.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

hwybear wrote:Best way as others have stated: walk the disclosure request in and get it stamped by the clerk, or fax it and keep the "ok" receipt. Now one has proof that disclosure was asked for. Will be up to the crown to then prove that disclosure was sent to defendant.
+1

If the court has stamped the defendant's request when it is walked in (which they will), that is what will get the charge stayed for failure to disclose. It also costs less, as hwybear indicates. (Court stamp on disclosure request indicating "received" is free.)
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


CoolChick
Member
Member
Posts: 103
Joined:

Unread post by CoolChick on

I appreciate your opinions... however notaries are also bound to do as their duty requires. Please feel free to look up the duties of a notary... I think you may be surprised.






Locked

Return to “Courts and Procedure”