Received a ticket in August and immediately filed for a court date. It took them 8 weeks to provide me with that court date, December 5th, of this year.
I immediately filed for disclosure on Oct 25. Received No response.
I then filed a second application for disclosure on November 20th, and phoned the prosecutors office to inquire about the disclosure.
I followed up on November 21st, with another phone call and finally received a call back. The lady told me they did not have the officer's notes at that time, but they were requested.
On November 26th, funny enough, I received a response to my INITIAL request for disclosure. It consisted of my disclosure request, offence notice front and back, and driving abstract. On the disclosure package in hand writing it stated that it was emailed on October 29th, yet the processing stamp on it says Nov 26th...
Since I still had not received the officer's notes from his day book, I made a third request on Nov 26th. Requesting the officer's notes from his day book, like I did the first two times, and the make, model, and serial number of any mechanical speed measuring device, along with certification, and repair history.
On Nov 27th, I received and email from the prosecutors office stating that the information had already been sent. I replied to that email by suggesting that many of the items are still outstanding and are required in order for me to make a full answer to the charge. Later in the afternoon on Nov 27th, I received an additional disclosure package, which consisted of my third disclosure request (on which was hand written that the speed was assessed by pacing so all my requests regarding speed measuring devices both radar and mechanical are not relevant and that the officer's notes have been requested (but not supplied)), a note to the defendant stating they will amend the offence notice if the evidence suggests a different speed.
So here's what this is leading too.
My trial date is 1 week away. I have been very diligent in requesting disclosure, very specific, and very timely. Would the fact that they have failed to provide the officer's notes (which obviously exist) be grounds for dismissal, seeing as how full disclosure has not been provided?
Also, given the fact that it took the prosecutors office soooo long to reply to my disclosure requests, and at this point, one week before the trial, I do not have the time to file a charter motion, what would be the best course of action to follow on the day of the trial? Ask for an adjournment to file a stay of proceedings? When the court asks how I plead should I say I cannot plead at this time because I am not able to make answer to the charge against me? Should I make a motion to stay the proceedings right there and then based on non-disclosure? Should I mention to the crown that I still have not received disclosure at this time?
Any help would be greatly appreciated.
Thank you in advance.
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