Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 6 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Doesn't DISCLOSURE have to be provided WITHOUT asking for it
Author Message
PostPosted: Sun Jan 01, 2012 4:08 pm 
Offline
Newbie

Joined: Sat Dec 24, 2011 10:10 am
Posts: 18
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.


Top
 Profile  
 
Re: Doesn't DISCLOSURE have to be provided WITHOUT asking fo
PostPosted: Sun Jan 01, 2012 7:25 pm 
Offline
Jr. Member

Joined: Wed Aug 10, 2011 3:05 pm
Posts: 86
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.


Top
 Profile  
 
Re: Doesn't DISCLOSURE have to be provided WITHOUT asking fo
PostPosted: Mon Jan 02, 2012 12:44 am 
Offline
Newbie

Joined: Sat Dec 24, 2011 10:10 am
Posts: 18
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.


Top
 Profile  
 
Re: Doesn't DISCLOSURE have to be provided WITHOUT asking fo
PostPosted: Tue Jan 03, 2012 11:08 pm 
Offline
Newbie

Joined: Tue Jul 12, 2011 7:52 pm
Posts: 17
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.


Top
 Profile  
 
Re: Doesn't DISCLOSURE have to be provided WITHOUT asking fo
PostPosted: Wed Jan 04, 2012 8:45 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
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.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
Re: Doesn't DISCLOSURE have to be provided WITHOUT asking fo
PostPosted: Wed Jan 04, 2012 11:34 pm 
Offline
Newbie

Joined: Tue Jul 12, 2011 7:52 pm
Posts: 17
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.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 6 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. No full disclosure provided after 2 court appearance

[ Go to pageGo to page: 1, 2 ]

fight2win

29

876

Fri Sep 02, 2016 8:44 am

jsherk View the latest post

There are no new unread posts for this topic. Prosecutor's Office provided me with someone else's Info.

A_Wallis

7

911

Wed Dec 05, 2012 9:29 pm

viper1 View the latest post

There are no new unread posts for this topic. Provided insurance, officer didn't take it

D90

7

568

Tue Oct 04, 2016 7:18 pm

D90 View the latest post

This topic is locked, you cannot edit posts or make further replies. Certificates and stickers provided by Ministry Sect 86

racer

0

1023

Sat Feb 07, 2009 11:04 pm

racer View the latest post

There are no new unread posts for this topic. What do you do when a JP doesn't know the law?

MartinBrice

2

621

Tue Jan 24, 2012 6:35 pm

MartinBrice View the latest post

There are no new unread posts for this topic. Justice of the Peace doesn't show

Flyview

0

424

Thu Oct 21, 2010 2:09 pm

Flyview View the latest post

There are no new unread posts for this topic. Fine doesn't match offense

wis

1

409

Mon Jan 16, 2012 1:06 pm

Stanton View the latest post

There are no new unread posts for this topic. My conviction doesn't match my original charge???

Vin

3

596

Mon Aug 09, 2010 3:39 pm

The Stig View the latest post

This topic is locked, you cannot edit posts or make further replies. My conviction doesn't match my original charge???

Vin

0

906

Mon Jan 11, 2010 11:51 pm

Vin View the latest post

There are no new unread posts for this topic. ticket doesn't have specific location of offence

cfpb

2

552

Thu May 02, 2013 1:16 am

bend View the latest post

There are no new unread posts for this topic. If a stop sign doesn't meet the regulations, is it valid?

JohnnyKickass

3

2815

Wed Apr 28, 2010 8:28 am

JohnnyKickass View the latest post

There are no new unread posts for this topic. Disclosure

pch2004

3

1339

Tue Jun 09, 2009 6:46 pm

liveontheedge View the latest post

 


Who is online

Users browsing this forum: Bing [Bot] and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.