Minimum lead time for disclosure

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neo333
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by: neo333 on
Tue Jan 26, 2010 12:25 am

I was reading some more over at ticketcombat.com. He recommends at least 15 days (if faxed):

"Your disclosure request should include a reasonable return date (diary date) of seven days for Canada Post to deliver it (if you don't fax it) plus 15 days for the prosecutor to gather the information. You should request disclosure well in advance of your trial so that you have enough time to review it and also enough time to request further follow up information."
http://ticketcombat.com/step4/disclosurehow.php

Based on this, 4 weeks in advance (as my buddy did) should be adequate!!


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neo333
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by: neo333 on
Tue Feb 02, 2010 3:07 pm

update: The guy faxed his 2nd disclosure request 2 weeks before court date.
He just called me and said the prosecutor's office just called him to tell him that the disclosure is ready for pick up. Let's see what they give him (more importantly, what they don't give him!). Hopefully it is deficient.


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by: neo333 on
Wed Feb 03, 2010 10:16 am

He has confirmed that he only received a copy of the officer's illegible notes. No radar manual, etc. He is faxing his 3rd request disclosure today stating that the disclosure thus far is deficient and illegible. He also didn't even receive a copy of the officer's copy of the ticket (isn't that required if requested??)


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by: neo333 on
Wed Feb 03, 2010 10:18 am

Oh, and from what he can read, there is no mention of any testing on the officer's notes that have been disclosed.


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by: Radar Identified on
Wed Feb 03, 2010 11:02 am

neo333 wrote:No radar manual, etc.
I sense "stay of proceedings"!
neo333 wrote:He also didn't even receive a copy of the officer's copy of the ticket (isn't that required if requested??)
This I'm not too sure about. The only time it would be required is if there's something on it that would have a reasonable possibility of assisting the defence. If there's nothing on it other than what your friend received on his Provincial Offences Notice, then I'd think it wouldn't be required.
* 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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neo333
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by: neo333 on
Mon Feb 08, 2010 10:44 am

Update: He faxes his 3rd disclosure request (specifically for the radar manual and notes showing testing of unit that day) last week. His court date is this Thursday.


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by: racer on
Wed Feb 10, 2010 5:57 pm

Then he has an excellent chance of Chapter 7 defence - Improper disclosure. Advise your friend not to take ANYTHING from the prosecutor on the day of trial - he can slip the disclosure, one of the dirty tactics employed by crown prosecutors we have heard about.
"The more laws, the less justice" - Marcus Tullius Cicero
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by: neo333 on
Thu Feb 11, 2010 7:30 am

Is the procedure for Chapter 7 defence the same as filing an 11b? There is no time for that as the trial is this afternoon. Or can he simply ask for a stay based on improper disclosure before he pleas?


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by: racer on
Thu Feb 11, 2010 9:24 am

Respectfully ask for stay before the plea, due to incomplete disclosure.

Crown will try to adjourn, let him if you can get him to admit that it is crown's fault. (gives you good 11B arguments)
"The more laws, the less justice" - Marcus Tullius Cicero
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neo333
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by: neo333 on
Thu Feb 11, 2010 10:17 am

My buddy will do that. He says he will reference Chapter 7 and the crown policy manual and it's section on disclosure...

Question: Are city (i.e. toronto) prosecutors specifically bound by the Ontario crown policy manual as published by the Ministry of the Attorney General?
http://www.attorneygeneral.jus.gov.on.c ... losure.pdf


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by: neo333 on
Thu Feb 11, 2010 10:20 am

Also in terms of referencing case law? Does one have to kill a dozen trees to print 3 copies of each decision or can you simply bring a usb stick and offer a copy to the court/crown?


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by: racer on
Thu Feb 11, 2010 12:39 pm

neo333 wrote:My buddy will do that. He says he will reference Chapter 7 and the crown policy manual and it's section on disclosure...

Question: Are city (i.e. toronto) prosecutors specifically bound by the Ontario crown policy manual as published by the Ministry of the Attorney General?
http://www.attorneygeneral.jus.gov.on.c ... losure.pdf
Last time I checked, Toronto was a part of Ontario, so yes :D
There is also case law about that, can't pin it of the top of my head though
neo333 wrote:Also in terms of referencing case law? Does one have to kill a dozen trees to print 3 copies of each decision or can you simply bring a usb stick and offer a copy to the court/crown?
Once you see a computer in front of both the JP/judge and the crown prosecutor, then they MIGHT start saving trees. I hear you 100%, but Lady Justice is not only blind, but also deaf to the sound of falling trees.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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