I remember being in court years ago and a guy representing the defendant pointed out to the JP that he didn't receive disclosure. He argued where does it state that the defendant NEEDS TO ASK FOR DISCLOSURE. The JP replied, "...yes, I know the prosecutor needs to provide it to you and you don't have to ask for " I was next and didn't know about disclosure, so I repeated the same thing, and the COP had to again go out to copy his notes. Cop wasn't too pleased needless to say. So I guess for anyone that knows, can one simply not ask for DISCLOSURE and on trial date, claim DISCLOSURE was NOT supplied if prosecutor allows officer to read his notes? This would delay the trial into 11(b) and not be the fault of your own, because you would need time to review the disclosure.
I remember being in court years ago and a guy representing the defendant pointed out to the JP that he didn't receive disclosure. He argued where does it state that the defendant NEEDS TO ASK FOR DISCLOSURE. The JP replied,
"...yes, I know the prosecutor needs to provide it to you and you don't have to ask for "
I was next and didn't know about disclosure, so I repeated the same thing, and the COP had to again go out to copy his notes. Cop wasn't too pleased needless to say.
So I guess for anyone that knows, can one simply not ask for DISCLOSURE and on trial date, claim DISCLOSURE was NOT supplied if prosecutor allows officer to read his notes?
This would delay the trial into 11(b) and not be the fault of your own, because you would need time to review the disclosure.
What the JP would have been referring to was on trial date. How ridiculous would it be if disclosure is sent to everyone that gets a ticket even if they don't ask for it. If you are at trial and haven't got it, im sure the prosecutor would just hand you a copy then you're stuck deciding what to do. You can ask for an adjournment, but its no guarantee. The prosecutor would just say that you knew about the trial date months in advance and never asked for it. Depending on court houses, they have a disclosure pick up bin. It could be in there.
What the JP would have been referring to was on trial date. How ridiculous would it be if disclosure is sent to everyone that gets a ticket even if they don't ask for it. If you are at trial and haven't got it, im sure the prosecutor would just hand you a copy then you're stuck deciding what to do. You can ask for an adjournment, but its no guarantee. The prosecutor would just say that you knew about the trial date months in advance and never asked for it.
Depending on court houses, they have a disclosure pick up bin. It could be in there.
The thing was that, the defendant/representative never made a request for disclosure, they were not waiting after asking for it but expecting that what the prosecutor used should have been provided to them and it wasn't. Some discussion between the JP and the representative took place where the rep specifically asked where does it state that he needed to ask for disclosure. The JP agreed, that the defendant didn't need to ask for it but that it should have been provided. I don't believe the representative was an x-copper agency but rather a friend/family member. Helped me out since I was next and not too familiar with disclosure.
paul1913 wrote:
What the JP would have been referring to was on trial date. How ridiculous would it be if disclosure is sent to everyone that gets a ticket even if they don't ask for it. If you are at trial and haven't got it, im sure the prosecutor would just hand you a copy then you're stuck deciding what to do. You can ask for an adjournment, but its no guarantee. The prosecutor would just say that you knew about the trial date months in advance and never asked for it.
Depending on court houses, they have a disclosure pick up bin. It could be in there.
The thing was that, the defendant/representative never made a request for disclosure, they were not waiting after asking for it but expecting that what the prosecutor used should have been provided to them and it wasn't. Some discussion between the JP and the representative took place where the rep specifically asked where does it state that he needed to ask for disclosure. The JP agreed, that the defendant didn't need to ask for it but that it should have been provided. I don't believe the representative was an x-copper agency but rather a friend/family member.
Helped me out since I was next and not too familiar with disclosure.
I got my disclosure on my first court date. But in fact the crown never receive my fax request. So I think, now days, the crown do prepare the disclosure for every case I am in Toronto old city hall court.
I got my disclosure on my first court date. But in fact the crown never receive my fax request. So I think, now days, the crown do prepare the disclosure for every case
The Supreme Court case of Stinchcombe is where it says that the crown does not have a duty to disclose until the defence requests disclosure. If you request disclosure on the trial date there would likely be an adjournment to allow for you to receive disclosure, but I don't think the JP would be happy that you waited until then.
The Supreme Court case of Stinchcombe is where it says that the crown does not have a duty to disclose until the defence requests disclosure.
If you request disclosure on the trial date there would likely be an adjournment to allow for you to receive disclosure, but I don't think the JP would be happy that you waited until then.
In my case, the crown did bring the disclosure to the court even she did not receive my request. And after I shower her the fax receipt, she asked the JP for adjournment. And that day, I think she bring all the disclosure to the court.
Simon Borys wrote:
The Supreme Court case of Stinchcombe is where it says that the crown does not have a duty to disclose until the defence requests disclosure.
If you request disclosure on the trial date there would likely be an adjournment to allow for you to receive disclosure, but I don't think the JP would be happy that you waited until then.
In my case, the crown did bring the disclosure to the court even she did not receive my request. And after I shower her the fax receipt, she asked the JP for adjournment. And that day, I think she bring all the disclosure to the court.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
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Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
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So i was driving on Eglinton Avenue East near Rosemount Ave.
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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?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
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Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
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I requested for disclosure of information two months ago.
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Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
Doesn't DISCLOSURE have to be provided WITHOUT asking for it
