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.
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.
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.
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.
In order for you to proceed wth an Oâ€™Connor application, youâ€™re likely to spend several days in court, even before you see a trial if thatâ€™s where you end up.
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