requesting disclosure from CPIC inquiries

PaulinCanada
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requesting disclosure from CPIC inquiries

by: PaulinCanada on
Mon Aug 16, 2010 12:21 pm

Has anyone ever asked for or received disclosure in the form of CPIC (canadian police information centre) inquiries?

What I want to know is the timing of the officer's CPIC request and how they line up with his notes....

ie I want to make sure that the note that says he was back in service occurred after his CPIC inquiries were complete...


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Simon Borys
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by: Simon Borys on
Tue Aug 17, 2010 3:28 am

You're probably not going to get that. You'd have to show that it has some value beyond probative to your ability to make a full defence.

What are the circumstances surrounding this where it's relevant when the CPIC inquiries were done?
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PaulinCanada
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by: PaulinCanada on
Fri Aug 20, 2010 11:16 pm

Simon

thanks for your answer....I guess I am a little confused, because this issue seems like a Catch 22. I have to provide a reason to get something that I don't know what it's relevance is.

For example, say the officer stops you at 1625 and writes you a speeding ticket and you are on the road again at 1640.

When you get your notes, he states that he tested the radar at 1632....

If you get access to the CPIC records and find out that the inquiry to CPIC was run at 1635, you could probably demonstrate that the officer made a mistake because he wouldn't have retested the radar before the CPIC inquiry and until he was finished with you and sent you on your way.

But until you got this information, you couldn't prove he made a mistake, but you need to prove that he made a mistake to get the information, if you understand my thinking....

can you help me understand this?

It also happened when I argued with the prosecutor about disclosing the entire radar manual....he stated that I had to prove that there was something specific that required me to demonstrate i had a need for the other parts of the manual....but if I don't have the manual, then I don't know what to ask about....


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Simon Borys
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by: Simon Borys on
Sat Aug 21, 2010 1:58 am

I understand your frustration with regards to not knowing why you need it because you don't know what it is, but that's the way disclosure works. The crown discharges its duty to disclose everything it feels is relevant and it's up to you to articulate why (and what) you don't think is sufficient.
PaulinCanada wrote:For example, say the officer stops you at 1625 and writes you a speeding ticket and you are on the road again at 1640.

When you get your notes, he states that he tested the radar at 1632....

If you get access to the CPIC records and find out that the inquiry to CPIC was run at 1635, you could probably demonstrate that the officer made a mistake because he wouldn't have retested the radar before the CPIC inquiry and until he was finished with you and sent you on your way.
I'm not sure I see where you're going with this line of reasoning. If the officer tests the radar at some point during his shift before the stop, that's good for the first test. If he tests it at ANY point afterward, that's good for the second test. It can be before he lets you go, after, or even at the end of his shift.

I don't see how the CPIC records would assist you with determining anything important. Does that clarify it or am I missing your train of thought?
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by: hwybear on
Sun Aug 29, 2010 9:22 am

think it is referring to the times....had this same issue in trial, brought up by defense
- ticket was wrote say at 3:10pm
- defendant had gas receipt at 3:09pm
- was 4km to location stopped
- argued ticket time vs time to travel that distance
countered with my current watch time (in court) was 2min faster than court clock

JP then stated her watch was 1 min behind court clock and concluded that the times would all be approximate and impossible to synchronize all clocks/watches.
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