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Ontario Highway Traffic Act

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Prosecutor gave me minimal disclosure!
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PostPosted: Tue Jun 29, 2010 7:06 pm 
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Hey there,
This site is awesome. Its giving me the helping hand I need to fight my ticket...

So I sent in my request for disclosure asking for a variety of items and today I got the bare minimum. The prosecutor's letter tells me that the other things I requested fall within the case of Regina v. Reybroek and therefore the information has not been disclosed.

I have no idea what this case is about. I tried to search for it on CanLII and found nothing... Can you please help me out?

The things that were excluded were manuals, exact information relating to the type of detection device used, names criminal record and addresses of any witnesses, typed copy of the officer's notes, a record relating to the training of that officer. (among other things )

The Prosecutor also says you can contact the officer directly, but provides no means of doing so.

What do you advise I do to get some more info out of them?

thanks for your help


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PostPosted: Wed Jun 30, 2010 9:21 am 
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I would suggest you check out the library at your nearest law school. They will have the case he referenced. If that is the prosecutor's position, then you are going to have to find your own case law to support your position and argue it before a JP, that you have received inadequate disclosure which has prevented you from making a full defence to the charge.

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Lack of Disclosure
PostPosted: Sat Jul 03, 2010 1:23 pm 
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Joined: Fri May 28, 2010 8:04 am
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http://www.canlii.org/en

The above site can help you research your case law. There are several cases related to Toronto Police Services not being forthcoming with disclosure documentation and the judge ordering them to disclosure.

Remember, you are within your rights to ask for the same documentation so that you can give answer and defend yourself, as the prosecution has in charging you.

Ask for a continuance until you get what you need to state and argue your case.


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PostPosted: Sat Jul 03, 2010 3:14 pm 
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Posts: 354
Ok one more time. You will Not ever get a witnesses address or criminal record ever.... You cannot have that for a criminal trial so you will not get it for a poa trial.

Even a background check for employment will not disclose what convictions are for only that there are convictions.


I wish ticket combat would take that off it just makes people look foolish.

There is no obligation to release an officers training record. So far their testifying that they are qualified is all that is required.


OPS


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PostPosted: Sun Jul 04, 2010 12:04 am 
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wow either they are messing with your post or you are messed up.

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PostPosted: Sun Jul 04, 2010 9:35 pm 
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Location: Toronto
For a speeding case, you are entitled to:

- Officer's notes (typed ONLY if they are not legible)
- Radar/lidar manual

That's it. That is what the courts consider to be sufficient to make a full answer and defence to the charge. Let's see... case law related to that...

City of Thunder Bay v. Millar
R. v. Lorna Bourget
R. v. Oosterman, 1998, oh yeah, that one has this gem:

Quote:
The officer’s notes, as disclosed to the defendant, revealed he tested the radar according to manufacturer’s specifications. The officer’s notes do not disclose what these specifications are. It would be reasonable then for the defendant to have these specifications in determining whether to challenge or cross-examine the officer’s proposed testimony about the testing.


R. v. Robichaud

And so on and so on... The officer's training record, witness criminal record, etc., will not be disclosed. Chase the manual down, though. That is a critical component that must be disclosed to the defendant.

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