Disclosure requests (detail question)

Politzky
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Disclosure requests (detail question)

by: Politzky on
Mon Jan 25, 2010 11:46 pm

When filing for disclosure, the Ontario form has nowhere for me to list the items I want disclosed. For speeding, offhand, I think I would want at least relevant Lidar information, typed officer's notes, and perhaps on occasion any specific rules or bylaws, such as those effecting a Community Safety Zone.

What am I entitled to, if there's no room on the forms to be specific? What are the Crown's obligations.?

Thank you. This is my first visit to the site and it has lots!


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neo333
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by: neo333 on
Tue Jan 26, 2010 12:18 am

The form is designed so you can't ask for what you want and really need! So don't use it. Type your own disclosure request letter.

Ticketcombat.com has an excellent letter that you can edit for your own use. See here: http://ticketcombat.com/step4/disclosurehow.php

In speeding cases, you are entitled to the radar manual. Case law supports this.


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by: Politzky on
Tue Feb 02, 2010 3:18 pm

Thanks. Makes sense.

But if one asks for disclosure using the form, and they don't hand over what you are truly entitled to in order to conduct an adequate defence, are you able to state in court what you shouldn have, and did not, receive? And would that carry any kind of legal weight.


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neo333
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by: neo333 on
Tue Feb 02, 2010 3:27 pm

no, you are only entitled to what you ask for. Most folks don't even ask for disclosure period!




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hwybear
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by: hwybear on
Tue Feb 02, 2010 3:59 pm

we don't type out notes for serious criminal cases, highly unlikely for any hta matter....unless the notes are literally chicken scratch
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: Radar Identified on
Tue Feb 02, 2010 4:50 pm

neo333 wrote:no, you are only entitled to what you ask for.
This is an important point. If you don't specifically ask for something, the Crown is not going to give it to you. The other thing is, the material has to be relevant and have a reasonable possibility of assisting the defence. Officer's notes, the radar manual, by-laws and things like that count as relevant. Asking for extraneous and irrelevant stuff only makes it harder to get a stay if the Crown does not provide the important things.
* 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


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