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If/when do I have to disclose my evidence for a trial?
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PostPosted: Sat Aug 13, 2016 10:37 pm 
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Newbie

Joined: Sun Apr 10, 2016 10:23 pm
Posts: 5
Lots of good information on getting disclosure from the Crown here.

Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?

Thanks!


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Re: If/when do I have to disclose my evidence for a trial?
PostPosted: Sat Aug 13, 2016 11:23 pm 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 721
You don't have to disclose anything. The burden of proof in a trial lies with the Crown.

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: If/when do I have to disclose my evidence for a trial?
PostPosted: Sun Aug 14, 2016 6:31 am 
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Joined: Sun Dec 19, 2010 12:33 pm
Posts: 126
I read a case where prosecutor argued and successfully blocked introduction of some evidence by the defendant.
The reason was "foundation" of the evidence was not laid properly to introduce the evidence (according to court procedures). The second section in brackets is because I'm not sure about it, but I'm certain of the first part.
You may want to find out what that is all about and do it right, I tried to research on this but was unable to find anything straight forward.
One easy way to do this is, simply pay a paralegal for 30 minutes of their time to tell you how to do it.


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Re: If/when do I have to disclose my evidence for a trial?
PostPosted: Sun Aug 14, 2016 7:42 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1706
What is the specific evidence that you want to introduce?

Having something "entered as evidence" and "bringing it up during the trial" are two different things. It does not have to be entered as evidence to use it.

For example, I can have an officer read out of a radar manual on the stand, but I do not have to enter the manual into evidence.

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+++ This is not legal advice, only my opinion +++


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Re: If/when do I have to disclose my evidence for a trial?
PostPosted: Sun Aug 14, 2016 8:22 am 
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Joined: Fri Jun 25, 2010 3:30 am
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Foundation is not related to disclosure

http://www.rotlaw.com/legal-library/wha ... -evidence/

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: If/when do I have to disclose my evidence for a trial?
PostPosted: Sun Aug 14, 2016 12:40 pm 
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Joined: Sun Apr 10, 2016 10:23 pm
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Thanks for the feedback.

Without going into detail, in the Officer's notes were some "behavioural observations", which might be considered negative. Said Officer in published media has stated he does the same all the time.

Additionally I want to bring up some documentation from the manufacturer of the speed measurement device sourced independently.


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Re: If/when do I have to disclose my evidence for a trial?
PostPosted: Sun Aug 14, 2016 1:37 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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You will not be able to get the published media entered into evidence without the original author being there to be a witness. However you could just bring the published media and then ask the officer to read what he supposedly stated and then ask him if he said that. If he says yes, then you get what you need without having to put it into evidence. If he says no, then that is the end of it and it will not help you.

As far as documentation from manufacturer, you can again ask officer to read from it and ask some questions about it independently of trying to get it admitted as evidence.

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+++ This is not legal advice, only my opinion +++


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Re: If/when do I have to disclose my evidence for a trial?
PostPosted: Sun Aug 14, 2016 1:55 pm 
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Joined: Sun Apr 10, 2016 10:23 pm
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Jsherk, thanks for the advice... sounds like I rest easy (until day of trial!).

Have a good weekend!


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