calibration certificate/history?

dubz
Newbie
Newbie
Posts: 1
Joined: Thu Jun 21, 2018 10:45 am

calibration certificate/history?

by: dubz on
Thu Jun 21, 2018 11:13 am

I requested disclosure for proof of calibration.

The prosecutors office called and told me that they don't supply that, and that I had to get it from headquarters (40 college street)

Is this true? I don't want to have to goto court just to get an adjournment because they failed to provide proper disclosure and they end up giving it to me after.
Thats just a waste of a day to have to goto court.


argyll
VIP
VIP
Posts: 888
Joined: Fri Jun 25, 2010 3:30 am

Posting Awards

by: argyll on
Thu Jun 21, 2018 5:56 pm

I think that's wrong. Just as you can't contact the police for disclosure as opposed to the crown's office, so they shouldn't be sending you there. The defence-prosecution relationship belongs with the crown, not the police. Unless someone has case law that says otherwise I don't think this is right.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


User avatar
highwaystar
Sr. Member
Sr. Member
Posts: 298
Joined: Fri Oct 11, 2013 5:46 pm

Posting Awards

by: highwaystar on
Fri Jun 22, 2018 12:19 pm

The records you are seeking are not 'fruits of the investigation' so they are considered 3rd party records. As such, they do not need to be disclosed by the Crown as part of their Stinchcombe disclosure requirements. Rather, you must proceed via an O'Connor application in Superior Court to obtain what's called a "subpoena duces tecum." You should read the SCC O'Connor decision and the OCA Jackson decision for clarity.


User avatar
highwaystar
Sr. Member
Sr. Member
Posts: 298
Joined: Fri Oct 11, 2013 5:46 pm

Posting Awards

by: highwaystar on
Sat Jun 23, 2018 12:34 am

I just re-read my post and apologize for the typo I made---you can also make O'Connor applications in the OCJ court as well (not just Superior court). There's a process for it, including giving notice to the 3rd parties affected.




Post Reply
  • Similar Topics

Return to “Exceeding the speed limit by 30 to 49 km/h”

Who is online

Users browsing this forum: No registered users and 2 guests