When you're filing a disclosure request, you want to make sure that you are asking for stuff that enables you to make a "full answer and defence." This means you want to request relevant information, but not extraneous stuff. It's not a fishing expedition. If you ask for specific, important things and don't get them, you can file for a stay of the charges. If you ask for irrelevant, or non-existent stuff, it waters down your disclosure request and makes it harder to win. This is a sample disclosure request for a speeding (section 128) charge. You'll have to modify it to fit your needs: ------------------------------------------------------------------------------------------------- DISCLOSURE REQUEST Date: July 15, 2010 Offence Number: 123456789A Offence Date: February 12, 2010 Defendant: Radar Identified Charge: Speeding 98 km/h in a 70 km/h zone Court Date: October 22, 2010 Court Location: A1, 465 Davis Drive West, Newmarket, Ontario Officer Name: Hwy Bear Officer Badge #: 12345 In regards to the charge above, and with respect to the guidelines established by the R. v. Stinchcombe, 1991 (SCC) and subsequent cases, I request that you provide me with all relevant information so that I can prepare a defence, and make full answer, to the charge mentioned above. Without limiting this request, I specifically ask that you include: * A full copy of the officer's notes, typed if not legible; * If short-form writing is used in the officer's notes, please have the officer provide an explanation for the short forms; * A copy of the manual for the speed-measuring device used by the officer I also request that you inform me of any information that is not being disclosed, with an explanation for such. If you require further information from me or have any questions regarding my request, please do not hesitate to contact me. Thank you. Radar Identified 123 Something Street Toronto, Ontario M1A 1A1 (416) 555-5555 ------------------------------------------------------------------------------------------------ For offences such as Failing to Obey Signs, Disobey Stop Sign, Red Light - Fail to Stop, etc., you'd request the officer's notes, and "any photographic or video evidence if it exists and the Crown intends to use it at trial." You obviously would not include the "speed measuring device manual" in that instance. The only time you would ask for "witness statements" would be if there were actually witnesses, other than the officer. For example, an officer pulls you over and says: "I'm charging you with careless driving, because a motorist called 9-1-1 to report that you were driving like a demented kamikaze on the 400." If a collision is involved, you would want the officer's notes, witness statements (if there are any), and a copy of the collision report. Now... how to file... There are three different ways of doing this. You can fax it to the Prosecutor's office, keeping the original and a fax receipt for yourself. Or, you can make two copies, and send one via registered mail to the Prosecutor's office at the courthouse where your trial will be held. Make sure you get proof of delivery from Canada Post. Or, the preferred method (if you live in the area) is to go to the courthouse with two copies. Hand them to the clerk at the Prosecutor's office. They will take one and stamp the other, returning it to you. This provides proof that you have served the Prosecutor with a disclosure request. Do NOT wait to make the request. The system will only work for you if you force it to. This means that they don't automatically prepare a disclosure package the second a case is filed. You must ask the Prosecutor, and give the Prosecutor's office sufficient time, to put the package together. You can't file a disclosure request two weeks before your trial and then turn around and say "oh, the Prosecutor never provided disclosure." If your case was hastily scheduled and it is not possible to get disclosure, ask for an adjournment. Furthermore (and a reminder of what was said above), you won't necessarily get everything you ask for. If what you ask for is supported by case law (e.g. radar manual for a speeding case), then if you don't get it, you can file for a stay if they stonewall you. THINK about what you're asking for before you write the form. Ask yourself: How is this going to help me defend myself? Can I argue, in front of a JP, why I need it? If you are denied something, go to the CanLII website and see if there are any precedents that support disclosure of what you asked for. Keep in mind, those cases must reflect the type of case you are fighting - namely, an HTA or CAIA charge.
When you're filing a disclosure request, you want to make sure that you are asking for stuff that enables you to make a "full answer and defence." This means you want to request relevant information, but not extraneous stuff. It's not a fishing expedition. If you ask for specific, important things and don't get them, you can file for a stay of the charges. If you ask for irrelevant, or non-existent stuff, it waters down your disclosure request and makes it harder to win.
This is a sample disclosure request for a speeding (section 128) charge. You'll have to modify it to fit your needs:
Court Location: A1, 465 Davis Drive West, Newmarket, Ontario
Officer Name: Hwy Bear
Officer Badge #: 12345
In regards to the charge above, and with respect to the guidelines established by the R. v. Stinchcombe, 1991 (SCC) and subsequent cases, I request that you provide me with all relevant information so that I can prepare a defence, and make full answer, to the charge mentioned above. Without limiting this request, I specifically ask that you include:
* A full copy of the officer's notes, typed if not legible;
* If short-form writing is used in the officer's notes, please have the officer provide an explanation for the short forms;
* A copy of the manual for the speed-measuring device used by the officer
I also request that you inform me of any information that is not being disclosed, with an explanation for such. If you require further information from me or have any questions regarding my request, please do not hesitate to contact me.
For offences such as Failing to Obey Signs, Disobey Stop Sign, Red Light - Fail to Stop, etc., you'd request the officer's notes, and "any photographic or video evidence if it exists and the Crown intends to use it at trial." You obviously would not include the "speed measuring device manual" in that instance. The only time you would ask for "witness statements" would be if there were actually witnesses, other than the officer. For example, an officer pulls you over and says: "I'm charging you with careless driving, because a motorist called 9-1-1 to report that you were driving like a demented kamikaze on the 400."
If a collision is involved, you would want the officer's notes, witness statements (if there are any), and a copy of the collision report.
Now... how to file...
There are three different ways of doing this. You can fax it to the Prosecutor's office, keeping the original and a fax receipt for yourself. Or, you can make two copies, and send one via registered mail to the Prosecutor's office at the courthouse where your trial will be held. Make sure you get proof of delivery from Canada Post. Or, the preferred method (if you live in the area) is to go to the courthouse with two copies. Hand them to the clerk at the Prosecutor's office. They will take one and stamp the other, returning it to you. This provides proof that you have served the Prosecutor with a disclosure request.
Do NOT wait to make the request. The system will only work for you if you force it to. This means that they don't automatically prepare a disclosure package the second a case is filed. You must ask the Prosecutor, and give the Prosecutor's office sufficient time, to put the package together. You can't file a disclosure request two weeks before your trial and then turn around and say "oh, the Prosecutor never provided disclosure." If your case was hastily scheduled and it is not possible to get disclosure, ask for an adjournment.
Furthermore (and a reminder of what was said above), you won't necessarily get everything you ask for. If what you ask for is supported by case law (e.g. radar manual for a speeding case), then if you don't get it, you can file for a stay if they stonewall you. THINK about what you're asking for before you write the form. Ask yourself: How is this going to help me defend myself? Can I argue, in front of a JP, why I need it? If you are denied something, go to the CanLII website and see if there are any precedents that support disclosure of what you asked for. Keep in mind, those cases must reflect the type of case you are fighting - namely, an HTA or CAIA charge.
* 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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