1 - I guess I should be more specific. My question is does the Crown has a legal obligation to find if the witness(es) have a criminal record? I don't think Crown has even checked whether the witness(es) have a criminal record or not and they are arguing it's irrelevant information. I understand if they don't have a criminal record then no criminal record exists and therefore no record will be provided but is it fair to expect a response like "The Crown has checked criminal records for witness(es) and no criminal record exists" from them?
2 - The Crown has provided me names of witness(es) but they have striked out the contact info. Is the Crown legally obligated to provide that as well when I have specifically requested it in a disclosure? Or it depends on Justice of Peace to rule whether the Crown should be providing such information or not? The Crown has argued it's irrelevant information to my defence.
If the Crown doesn't provide me above info, is it valid to argue that this is "inadequate disclosure" to prepare my defence and henceforth I cannot go to trial without that required info. Can Justice of Peace give a ruling this is irrelevant info to prepare a defence for a trial?
Thanks again for your insights...
1. The issue will be why you want this information. If you have reason to believe they provided false statements, maybe an insurance fraud ring for example, the criminal history speaks to the credibility and reliability of the witness's testimony. On the other hand, if it's a soccer mom who just happened to witness an accident, then it is less likely you will get the information.
The legal basis for this is section 7 of the Charter where you area asking for information that will bring the defence's position into full force and effect. You have to justify why you want it and exploit this lack of disclosure in your stay application.
2. You are arguing that the witness statements are not complete enough for you. You have more questions that you need to ask regarding what they saw, where they were standing, what they were doing, etc. Remember My Cousin Vinny and the guy making "instant grits"? That's why you want to know the info before trial so you can prepare your defence. But you should at the very least have some idea what kind of additional information you want to ask BEFORE trial and indicate that to the justice to show why this is so relevant and pertinent to your defence that it cannot wait until trial.
Thank you for taking the time to respond... A couple more quick questionsÃƒÂ¢Ã‚â‚¬Ã‚Â¦
1 ÃƒÂ¢Ã‚â‚¬Ã‚â€œ Is it valid and logical to argue that the information regarding criminal records for witness(es) is material and unless I have them, I cannot know if it's relevant to my case or if I need them. It could influence the outcome of the case and therefore the Crown is required to disclose it. Is it a good idea to take a printout of R. v. Stinchcombe,  ruling from CanLib and highlight some points of the ruling about disclosure so that the Justice of Peace knows exactly what I'm referring to? I think if I give a printout to the judge, he can read it on the spot and disclosure ruling is very handy to him right away. Do you think it would help? Can the judge make an argument such that R. v. Stinchcombe,  ruling is applicable to criminal charges like impaired driving but not quasi-criminal charges like Careless driving charge (HTA 130)? Is it something the Crown has to give or the judge can also provide a ruling not to disclose it to the defendant based on above argument?
2 - I've started following up ticketcombat website and this website from last week only. If I haven't asked for a speedy trail, what timeframe typically I would need to request a stay for proceedings? If I send three faxes in next three months then is it sufficient to show the judge that Im making all my efforts to make a full answer and defend my charge? I've a trial date adjourned to 10th August. Is 18 month timeframe still sufficient between an offence date and trial date to make an argument for a stay or they also look for other things? I understand 18 months timeframe isn't hard and fast but just would like to get your perspective.
3 - A general question... It would be nice to know if the defendant is feeling nervous to make arguments, can (s)he make arguments with the judge in writing?
Thanks for your helpÃƒÂ¢Ã‚â‚¬Ã‚Â¦Much appreciatedÃƒÂ¢Ã‚â‚¬Ã‚Â¦
littlepeep wrote:Hello all,
Received a speeding 81 in a 60 zone contrary to HTA s.128 on April 16th.
Requested a trial.
Written letter to crown 6 weeks later asking for early date, reiterating request for disclosure.
Notice of Trial arrived June 18, 2009.
Trial is scheduled for April Fools day (love that) - on April 1st, 2010.
Do I have any hope of an 11b argument - <11.5 months from offence date to trial.
Still no disclosure yet.
from locked thread ofhttp://www.ontariohighwaytrafficact.com/topic1949.html
I've been charged with speeding under s.128 (81 km/h in a 60 km/h zone) of the HTA in Ontario.
I've made 2 requests for disclosure. Nothing received first time, received front of ticket and illegible notes on 2nd.
Requested but not received owners manual for Lidar unit.
Requested many other things as noted on Ticketcombat web site.
I've written again to the prosecutor requesting the missing material, asked them to review and release the disciplinary/criminal history of the officer in the spirit of McNeil. Nothing more heard.
Ticket date was April 11th, 2009 - Trial is scheduled for April 1st, 2010.
I intend to make Section 7 and Section 11b motions.
Here's my questions:
Can I get the affidavits commissioned elsewhere and just serve the crown and file with the court the copy that notes the crown's acceptance - or do I need to go to the court first to issue the document first (like I would if I had a motion and needed to get the date from the court before I could serve it on the crown).
Do I need to file proof of service of AG of Ontario and AG of Canada with the court? (the fax confirmation is all I have)
File both Section 7 & Section 11B at least 3 weeks before the trial. The crown might argue that the disclosure can be sent out before the new court date (s/he will try to adjourn), then you can argue 11B. 11.5 months is reason enough to stay the ticket by itself FYI. 10 months is a minimum.
"The hardest thing to explain is the obvious"
www.OHTA.ca & www.OntarioHighwayTrafficAct.com
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