New Case on Disclosure

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Simon Borys
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New Case on Disclosure

by: Simon Borys on
Wed Aug 11, 2010 1:22 am

http://www.canlii.org/en/on/oncj/doc/20 ... cj192.html

R v. Batenchuk is an interesting case from earlier this year. I haven't had a chance to review it yet, but the summary I received from the Law Times indicates that it involves some very detailed requests for disclosure from accused relating to breathalyzer equipment operation and the science backing it up, as well as maintenance and service records of devices and internal data stored within devices.

The requests for maintenance and service records and internal data were denied by the Judge because the information was speculative and was not shown to be likely relevant to charges accused faced.

I have been a proponent on these forums of the idea that detailed requests for disclosure relating to speed measuring devices (specifically the maintenance, calibration, and service records) are not appropriate or necessary to enable full defence to the charge of speeding.

This case law seems to support that idea, but at any rate, it's probably worth a read for anyone who is interested in disclosure issues. I think there is a strong analogy here between the breathalyzer and speed measuring devices.
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