I am sure some will disagree with how I request disclosure, but my most recent disclosure request is below.
I do NOT recommend direct copy and paste... you need to understand each item and know why you are asking for it. If you don't know why you are asking for something then do not ask for it. Also, this request has some specific items that only apply to OPP, so do not ask for those items either if you are dealing with a municipal police force.DISCLOSURE REQUEST
With regards to the charge of _______________ against _________________ (ticket# __________________ ), and with respect to the guidelines established by R. v. Stinchcombe  3 SCR 326, R. v. Egger  2 SCR 451, R. v. Chaplin  1 SCR 727, R. v. B. (K.G.)  1 SCR 740, R. v. Collins  1 SCR 265, Brouillard also known as Chatel v. The Queen  1 SCR 39
and subsequent cases, which state that the Crown has the burden to prove why an item should not be disclosed, but must err on the side of inclusion if the item has a reasonable possibility of being useful to the accused in making full answer and defense. Please provide the following disclosure in order to properly prepare a defense, and be able to make full answer to the charge:
1. HTA Section 128 contains 45 possible sub-sections and sub-sub-sections. Provide details of which specific sub-sections or sub-sub-sections defendant is being charged with;
2. Provide a copy of BOTH sides of the original Certificate of Offence filed with the Clerk of the Court, including the DATE the Certificate was filed;
3. Provide a full copy of the notes of all officers involved;
- Include a typed copy of any of the above notes that are hand written, since hand writing is usually very hard to decipher;
- Also provide an explanation of any short-forms or abbreviations used in the above notes;
4. Provide a copy of the driving record which may be tendered at trial;
5. Provide a copy of any audio recordings, video recordings, or photographs;
6. Provide copies of any Certified Documents, any witness statements and any witness will-say statements;
7. Provide proof of calibration and accuracy of patrol vehicle speedometer. This is relevant if officer will make any reference to the patrol vehicles speed or if speed measuring device requires testing against patrol vehicle speed;
8. Provide the make, model and serial number of any speed measuring device used;
9. OPP Policy & Procedure Orders require each OPP Detachment Commander to keep a file folder for each Speed Detection Device containing it's Certificate of Accuracy. Provide a copy of the devices Certificate of Accuracy. This is relevant as it is proof from the manufacturer that device was accurate at the time it was manufactured, and also includes the serial number of any external antenna that should be used with the device;
10. Provide the make, model and serial number of all antenna used with the speed measuring device. This is relevant as the Certificate of Accuracy for the device specifies the serial number of the specific antenna that are to be used with the device;
11. Provide the mounting location on patrol vehicle of each antenna. This is relevant as interference can occur with improperly mounted antenna;
12. Provide proof of officers training for the speed measuring device used;
13. OPP Policy & Procedure Orders require each OPP Detachment Commander to keep a file folder for each Speed Detection Device containing it's Maintenance Logs & Damage Reports, copies of all Forms submitted for warranty or other repairs, and Memos and other relevant correspondence related to each specific device. Provide a copy of all this information from this file folder. All logs, reports, forms, memos and correspondence are relevant as they will be used to determine the reliability of the device and if there has been a history of problems with the device based on the maintenance, service and repairs of the unit;
14. OPP Policy & Procedure Orders require their Communications & Technology Services Bureau (CTSB) to retain a licence, issued by Industry Canada, for the operation of radar/laser devices. Provide a copy of this license as it is relevant to prove the device is being operated legally/lawfully;
15. Industry Canada governs the use of devices, like radar and laser speed measuring devices, through the Radiocommunications Act, and requires all these devices to have a Technical Acceptance Certificate ("TAC"). Provide a copy of this TAC as it is relevant to prove the device is being operated legally/lawfully;
16. Provide a copy of the full entire manual for the speed measuring device.
Specific sections of the manual that I can request ahead of time are:
- Cover/Title page so can confirm it is correct manual for make and model of device;
- Table of Contents pages so can confirm that all pages of any provided sections are included
and/or that any unprovided sections are indeed relevant and should have been provided.
- Operation pages so I can cross-examine officer on their knowledge, understanding, training and
use of the device.
- Testing pages so can cross-examine officer on their testing of the device.
- Legal requirements so can determine whether Industry Canada legal requirements have been met.
It is impossible to know which other specific sections of the manual may or may not be relevant without knowing what each section contains, therefore the entire manual is likely relevant and should be provided in order to be able to properly prepare to cross-examine the officer.
I can accept a photocopy of the entire manual, however I would prefer and am willing to accept a digital copy of the entire manual at the email address I have listed at the bottom of this request, as this is the simplest, easiest and most cost effective method to deal with disclosure of the manual for all parties involved. Think how much time will be saved in court by not having to argue about which sections should or should not have been included. Also forcing the defendant/agent to take an additional day off work to drive to the prosecutors office to view the manual is unacceptable as it costs money in gas, they also have to take more time off to attend on the trial date as well, and they are the only ones NOT being paid to attend the trial, whereas the prosecutor, officers, judge/Justice of peace, clerk ARE all paid to be there and do not lose a days pay.
Not providing the full entire manual would bring the administration of justice into disrepute, as the fairness of the trial IS affected by the defendants right to make full answer and defence being infringed. However providing the full entire manual would not bring the administration of justice into disrepute, as the fairness of the trial is unaffected by providing the entire manual.
I also ask that you advise me of any information (whether specifically requested or not) which is not being disclosed and an explanation for such non-disclosure.
Please mail disclosure to the address below, or if it's more convenient for you, I can accept disclosure by email at: firstname.lastname@example.org
Your Name, agent for defendant