I advised my friend to take this case to court. He tried to obtain service records and user manual for the gun but only got officers notes. He tried many times to get what he felt was full disclosure far before the court date but was rebuffed by the prosecutor, except to be told that the manual was available at the court house.
We both went to court today, he asked the Justice of the peace for a stay due to not having complete disclosure. His argument was that it would cause undue financial hardship to take a day off work to read the manual, a day off work to go to trial, as well this day he took off work to attend trial without even having the full disclosure. The judge told him he could only request a stay if he appealed to the charter, and in order to appeal to the charter he had to have notified the usual 3 parties beforehand. This is false from what I know from Traffic Combat. Any recourse for being given false information from a JP in an informal court where they are supposed to help?
The Prosecutor called this a 'fishing expedition.' and cited case law saying that manuals and service records for guns do not have to be provided because of copyright and the fact that the service records are not held by them. This seems stupid as the Radar or Lidar IS what the accusation is based on. The officers notes would be worthless without the testimony of the gun, and I am not allowed to ask any questions of it? I need the records and manual to understand the gun to know what to ask.
What case law can I cite to prove that I should have access to the manual and service records? Is there any?
My friend was upset most of all by the fact that the JP kept saying he would get a chance to speak (he kept his mouth shut politely until he was directed to speak) and when he started speaking she interrupted him and did not let him speak again.
I was upset that I attempted to sit next to my friend at the desk but was told to sit in the general court as I am not registered with the Law Society of Upper Canada. I will be calling the LSUC to ask if I am allowed to help a friend or family member without being paid for representation.
I had a fun day and learned a lot.