Well, were do we begin? I recently was made aware of this matter. I was denied the manual for the speed measuring device used against me. I thought that the onus of disclosure was on the prosecutor. The prosecutor says it's third party material. Prosecutor then lets the officer make statement that he tested and used the device according the specifications of the manufacture's manual. Can this be objected for the fact that I was not made aware of the manual and did not receive full disclosure?
Region of York v. McGuigan is this unconstitutional?
Well, were do we begin? I recently was made aware of this matter. I was denied the manual for the speed measuring device used against me. I thought that the onus of disclosure was on the prosecutor. The prosecutor says it's third party material. Prosecutor then lets the officer make statement that he tested and used the device according the specifications of the manufacture's manual. Can this be objected for the fact that I was not made aware of the manual and did not receive full disclosure?
Re: Region of York v. McGuigan is this unconstitutional?
Did you object at the time ?
Did you object at the time ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Re: Region of York v. McGuigan is this unconstitutional?
Sorry, to get back to you so late, I was out of the province for work. No, I didn't object. My question is, if the prosecutor is using the information and evidence of the officer, then don't we have a right to the same information? This new precedence that was set is saying the manual is third party. The Charter for disclosure says the onus of disclosure is on the prosecutor. The manual is not privileged information, it is public information. The manual is not out of their control, the prosecutor admits to having a copy in their office. Finally, the manual is relevant information, all officers admit to testing and using the speed measuring device according to the specifications of the manual. So how can this be third party information?
Sorry, to get back to you so late, I was out of the province for work. No, I didn't object. My question is, if the prosecutor is using the information and evidence of the officer, then don't we have a right to the same information? This new precedence that was set is saying the manual is third party. The Charter for disclosure says the onus of disclosure is on the prosecutor. The manual is not privileged information, it is public information. The manual is not out of their control, the prosecutor admits to having a copy in their office. Finally, the manual is relevant information, all officers admit to testing and using the speed measuring device according to the specifications of the manual. So how can this be third party information?
Re: Region of York v. McGuigan is this unconstitutional?
You don't have the right to the manual, paralegals have been trying forever to get it.
You don't have the right to the manual, paralegals have been trying forever to get it.
Re: Region of York v. McGuigan is this unconstitutional?
If a full copy is available at the office of the prosecutor. You can schedule an appointment to review it and take notes. It really depends on which court house you get. Some e-mail you a PDF of the entire manual. Most will give you the relevant pages for the testing, which the officer will provide evidence for.
If a full copy is available at the office of the prosecutor. You can schedule an appointment to review it and take notes.
It really depends on which court house you get. Some e-mail you a PDF of the entire manual.
Most will give you the relevant pages for the testing, which the officer will provide evidence for.
Similar Topics
Featured Topics
Two tickets and court, newb needs advice
I got my first ticket(s) in 15 years, for a rolling stop of the Gardiner West ramp at Yonge, by a whole bunch of cruisers under the bridge pegging off people 1 by 1. I didn't have my wallet, so 1 ticket no licence surrendered, 1 ticket fail to stop.
1)Should I use a professional rep in court? or
2) My natural thought would be to pay the no licence ticket, and reschedule the court date later for…
Hitting lamp post and fail to report
Yesterday, I made the stupidest mistake of my entire life. I was on the way back to my apartment after studying at school. It was around 8:30 pm. What happened is that I tried to follow the curve of the road, which is very icy because the city truck does not usually pour salt on the road ( there was a snow storm in the early morning that day), I was going 55-60 km/hr. The speed limit was 50km/h.…
Can EVIDENCE be destroyed by a COP ?
When one gets a ticket and at the time of the ticket, the COP had video taped the interaction, can the COP delete the video legally even though it holds evidentuary value should it go to trial ?
Disclosure - Front of ticket not provided, only rear?
Hello everyone,
I've been reading a lot of threads on here and so far they are helpful, but I haven't seen anything on this specific question before:
I'm dealing with a 34 km/h over ticket from Hamilton. It was marked down 10 km/h over.
The disclosure package came a couple of weeks ago, and I found it very strange...
They have classified the front of the ticket as 'irrelevant' and did not provide it. …
Evidence required for seatbelt conviction
My son was charged with failure to wear seatbelt.
The officer observed him driving by from about 20 meters away. Given that the officer allegedly didn't see the seatbelt. Is this evidence ? My point would be that evidence requires you to actually see something, not seeing something is not evidence ?
Dave
2 tickets i'd need some advice i think one is invalid
alright well last night (march 19th) at 12:55 am i had recieved 2 tickets the first was failing to stop at a stop sign (i did a rolling stop) and it was dated the 19th the second ticket that i got at the exact same time was dated the 18th. The second one was because i had a blood alcohol level of 0.0025 instead of zero (i have a g2)
is there any way i can get rid of both?
is it possible to say it…
Regulations for motorized bicycles?
I'm considering buying a strap-on motor for a bicycle for this summer, such as the one at www.motorizedbicycle.ca/bicyâ¦ant-head-bike-motor-kit.html . However, I haven't been able to find any clear answers about what part of the law, if any, they fall under. The kit in question has a motor with a displacement of more than 50 cubic centimeters, which seems to mean it doesn't fall under the HTA's…
Improper Left Turn on a four-lane road
I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
i am in police foundations, did i ruin my career path by...
Bac above zero, g2 driver, 24 hour suspension. Had half a beer and drove 1 hr later. Failed breathalizer. I am in police foundations college course, did i ruin my future career? First offence, otherwise clean.
I am looking for an officer/ex-officers input.
Thank you
Possible Fatal Error on my Speeding Ticket
So here is my situation, I was accused of speeding 127 km/h in a 100 km/h zone.
My ticket says contrary to "Highway Traffict Act #128". Set fine calculated by the officer is $101.25 ( $3.75/km). Plus $30 for court charges and Victim charges to a total of $131.25.
However, according to section 128 i should be paying 27 x $4.5/km = $121.50 + Plus $30 for court charges and Victim charges to a total of…
Disobey Sign Left Turn
Hi Everyone,
So I was driving this morning to work at a new location in Toronto. I made a left turn into a street and a police officer was there waiting. He informed me you cannot make left turns between 7-9am. I told him I did not see or notice any sign. I have a clean driving record and never got a ticket before. Nonetheless, he hit me with a disobey sign ticket ( 182.2). I went back to the…
11b Questions
My trial was delayed in august to march of this year because the previous case required a translator which put it at 14 months from date of issue.
On my 11b do I just make my argument based on section 11b being breached because of the time?
Also, can I show up to do this instead of my wife as she will be due to deliver a baby the following week?
Thanks
Pet Peeves
In point form ONLY.....maximum of 5, what is your pet peeves of other drivers...
*********************
1 - Fail to Move LEFT
2 - drinking and driving
3 - expired plates
4 - follow too close
5 - no parking zones
No Insurance Card Ticket
Hello All,
I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.
I was stopped by Barrie OPP on my way back from a weekend up in Midland ON on June 28, 2017 and I originally had a digital copy of my insurance card but the officer wouldn't have it. He required a…
HELP!! pulled over for going 118 WHILE PASSING! What do i do
hello everyone, i am in need of some advise
i recently got pulled over by an opp in and undercover car for going 118 in an 80.
I am planning on fighting it because i cant really afford the $283 ticket or the 4 demerit points because i have already gotten a speeding ticket in the states which got me 3 demerit points.
so here is my story, i was following a van that was going to slow for my liking so i…
The system works - it beat me down until I gave up.
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
I still have no…
Incorrect speed limit shown on ticket
Hi Gang. I'm back, but I'm asking for a friend this time.
A friend received a ticket the other day for driving 87 km/h in a 70 km/h zone. The problem is it's a posted 80 zone (I've verified this fact with him). Is an incorrectly identified speed limit a fatal error? There isn't a police officer in the province who would stop a driver who's only 7 km/h over the limit, so if the officer had realized…
OVER 49km/h in DVP
Hi everyone.
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
From Montreal, charged doing 112 in 80, court is 800km away.
I have several problems and I'm wondering what my options are. This past weekend I was driving home from Lake Huron and was caught going 112 in an 80km/h zone. I am currently on my Quebec probationary license which is revoked at 4 demerit points. The penalty in Quebec for going +32 km/h over is 3 demerits, but even then it's cutting things close. The Ontario penalty is 4 demerits, will I receive…
Improper left turn with Failing to provide Motor owner Title
I got two tickets first for improper left turn and second I was not able to find the owner's title of the car.
I took the left turn from the lane that was supposed to go straight or right (NO signs though). One lane for Left and other for straight or right.
Straight lane was going into a private property of Canada Post and only Canada Post motors were supposed to go straight. so I thought since…
Insurance - Radar Detectors & Laser Jammers
Does anyone know if an insurance company would increase your rates if you got caught with a radar detector and or laser jammer?
Since a radar detector is 3 points would the company treat this the same as let's say 16-29 over?
Would they even increase your rates?
Getting caught with a radar detector does not mean that you were speeding.
So how would an insurance company deal with a charge like this?
Front plates
I was pulled over for not having the front plate on the bumper, the plate was VERY clearly visible on the dash from the front. The only reason the officer pulled me over because the car is flashy and stands out. I was not speeding or doing anyting wrong. He insisted that it has to be on the bumper, I asked him to show me that in the HTA and he said that he could not as its common sense that it…
Silly Law
Since this is an "emergency vehicle" issue I posted it in this section.
How often do you see police cars, fire trunks and ambulances with lights and sirens on blowing through red lights at intersections?
Often.
And I think they should be allowed too as long as they're on a call and blow the light when its clearly safe to do so.
Under s. 144.1 an "emergency vehicle" is defined.
Traffic control signals…
can i represent my dad for red light camera violation
hi all,
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?
thank you
Just "beat" my Careless Driving charge thanks to you guys!
I'll tell the story of the accident quickly.. I was coming back from work near the airport around 6pm, when I got near Dufferin and Steeles. I approached a red light and my brakes completely stopped working, I pressed on it and it went all the way down loosely, I tried to go into the island separating the streets but ended up crashing into 3 cars waiting at the light. Nobody was seriously hurt…
