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Introducing evidence to court, researching the law
My objective is to get his training manual, or his training procedure introduced as relevant evidence that Stintchombe requires. I was going to argue that in light of the information I've learned, can I admit this book as evidence, or the training of the officer? How do I go about doing that? How do I convince a judge that this information is relevant to my case?
If you want to cross examine the officer based on what you learned in the book and on what he or she did and how, go ahead. If something sounds "off" in the officer's testimony and you want to challenge him or her on it, knock your socks off. But the prosecutor or JP may object to certain questions as irrelevant in Ontario.
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You need to be careful referring to literature from "North America". Speed enforcement requirements vary drastically from the USA to Canada (and even within provinces). In order to submit evidence directly from the book you'd need the author present to testify. You can however, ask the officer in cross examination about certain things you may have gained from reading the book. I wouldn't even bring up the fact that you read a book.
What makes you so certain the officer did not conduct "proper procedure" as you referred to?
There is no longer a requirement to provide any portion of the manual.
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Book by A. Shakoor Manraj and Paul Douglas Haines", and I want to be able to get this book introduced as evidence, or barring that, compel the judge to accept my request for the officer's training procedure or the actual trainer as a witness.
From the research that I have looked into, by introducing a Charter Challenge on the topic, I'm hoping that, with the addition of case law, the judge will have no choice but to see the probative value of the evidence. Does that make any sense?
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That book is not used in training officers on the use of radar in Ontario. Most officers have probably never even heard of it. Depending on its publication date, it may even be very outdated.
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Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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[34] The position taken by the respondent is that any ruling that results in agents being required to commence an O’Connor application every time the testing procedure is sought would impair access to justice and clog up the courts with needless third party record applications, especially given the fact that the charge of speeding is the most common charge laid by the YRP. This submission disregards the fact that, in this region and others throughout the province, as is apparent from the case law, the disclosure sought is readily available for review at the prosecutor’s office. There is no impediment to an accused making full answer and defence. From a practical point of view, an O’Connor application is not needed in this region. If more significant portions of the manual are sought, then it may be appropriate to bring an O’Connor application so that the court can consider the grounds upon which production is sought from the YRP as a third party, and the relevance of the material to an issue at trial.emmeyekayeee wrote: ↑Tue Apr 10, 2018 5:42 pmI reveiwed that case. It seems as though the manual is still allowed, you just have to petition the police for it.
[35] Also from a practical point of view, the YRP is not likely to change its practice of providing a copy of the manual to the prosecutor’s office, so as not to be inundated with O’Connor applications solely to obtain the portions pertaining to the testing procedures.
I read that as the fact that you get it from the Crown, not the police.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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Kool, what did you end up getting / asked for?emmeyekayeee wrote: ↑Sat Aug 25, 2018 11:15 pmSo, I just got my disclosure package. I got most of the stuff that most of you thought I wouldn't get...which is pretty cool.
Thanks for sharing!
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The expert teleconference, leave to have officers testify, judicial notice of radar resource book are going to be decided at trial.
I was denied my Section 8 motion.
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