The 2015 R v Jackson ( http://canlii.ca/t/gmblf ) ONCA ruling does a really good job of breaking down the disclosure that must be provided by the prosecution (1st party Stinchombe) versus what it does not have to disclose (3rd party O'Connor). So one of the last trials I was at, I tried to make the argument that some items I had requested were obviously relevant and therefore fell under the 1st party disclosure requirement even though they were 3rd party records (see paragraphs [116] & [124] of R v Jackson). The JP disagreed that they were obviously relevant, and stated they were 3rd party records and did not need to be disclosed by the prosecution. I then said "Okay, I need a subponea duces tecum for O'Connor 3rd party record production" (see paragraphs [84] & [130] of R v Jackson). The JP basically said that he did not know what I was talking about, and whatever that was needed to be brought in the proper form. So my questions is, How do you get a subponea duces tecum so you can serve it on the 3rd party?
The 2015 R v Jackson ( http://canlii.ca/t/gmblf ) ONCA ruling does a really good job of breaking down the disclosure that must be provided by the prosecution (1st party Stinchombe) versus what it does not have to disclose (3rd party O'Connor).
So one of the last trials I was at, I tried to make the argument that some items I had requested were obviously relevant and therefore fell under the 1st party disclosure requirement even though they were 3rd party records (see paragraphs [116] & [124] of R v Jackson). The JP disagreed that they were obviously relevant, and stated they were 3rd party records and did not need to be disclosed by the prosecution. I then said "Okay, I need a subponea duces tecum for O'Connor 3rd party record production" (see paragraphs [84] & [130] of R v Jackson). The JP basically said that he did not know what I was talking about, and whatever that was needed to be brought in the proper form.
So my questions is, How do you get a subponea duces tecum so you can serve it on the 3rd party?
No, the JP said they did not believe it met the requirement of "obviously relevant" for 1st party stinchcombe disclosure, and said it was 3rd party and the the prosecution did not have to disclose it. The JP did NOT comment as the whether it was "likely relevant" or not, which is the requirement for 3rd party disclosure. Since we were dealing with 1st party disclosure, the JP had no obligation to comment on whether they thought it was "likely relevant" or not with regards to 3rd party disclosure, and even said something along those lines to me of: "if you bring the proper form before me then I can consider it, but I am not doing that today". You have to read the whole R V Jackson case to see that there is a difference between "obviously relevant" and "likely relevant".
No, the JP said they did not believe it met the requirement of "obviously relevant" for 1st party stinchcombe disclosure, and said it was 3rd party and the the prosecution did not have to disclose it.
The JP did NOT comment as the whether it was "likely relevant" or not, which is the requirement for 3rd party disclosure. Since we were dealing with 1st party disclosure, the JP had no obligation to comment on whether they thought it was "likely relevant" or not with regards to 3rd party disclosure, and even said something along those lines to me of: "if you bring the proper form before me then I can consider it, but I am not doing that today".
You have to read the whole R V Jackson case to see that there is a difference between "obviously relevant" and "likely relevant".
Sadly, this situation adds fuel to the fodder for those who believe Ontario JPs do not receive sufficient legal training for their jobs. While I am not one of those people (I do believe JPs are sufficiently trained for what they do), would it not make sense that a JP at least know what a subpoena duces tecum for O'Connor production is? Maybe the JP does not have to be familiar with the subpoena process, but he or she should at least know what it is!
Sadly, this situation adds fuel to the fodder for those who believe Ontario JPs do not receive sufficient legal training for their jobs. While I am not one of those people (I do believe JPs are sufficiently trained for what they do), would it not make sense that a JP at least know what a subpoena duces tecum for O'Connor production is? Maybe the JP does not have to be familiar with the subpoena process, but he or she should at least know what it is!
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…
