So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this: Prosecutor: "Do you have the case law?" Me: "What do you mean?" Prosecutor: "Do you have the case law for your motion?" Me: "All the case law is quoted in the motion that I submitted already." Prosecutor: "Those are only snippets from the case law. You need to provide three full copies of each case law that you are using." Me: "Where does it say that?" Prosecutor: "It's the law!" Me: "Which law would that be, so I can look it up?" Prosecutor: "I am not going to argue with you. Go have a seat." Me: "Ok." Then later when was called up before the JP, we set a new date to hear my motions and a new trial date for after that, and I asked the JP: Me: "Just one more question... Earlier when I spoke with the prosecutor, she told me that I had to submit three full copies of all the case laws that I have mentioned in my motions and when I asked her why she said 'it's the law' but then would not tell me what the law was. Is there a specific law stating that I have to do that?" JP to Me: "Not that I am aware of." Prosecutor: "Well it's procedure. I don't have it with me, but it's procedure that you need to provide a full copy of each case law as the other side is not required to provide their own copy." JP to Prosecutor: "Well I am still not sure I know what you are talking about." Me: "Okay well, I will just go ahead and get all the copies and bring them to the motions hearing anyways, so there is one less thing to argue about." So my question is, does anybody know what law or procedure requires you to provide full copies of case laws for motions?

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Requirement to provide three copies of case law for a motion

by: jsherk on

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Re: Requirement to provide three copies of case law for a mo

I would think if the Judge didn't know about it, and the crown reduced her statement from "It's the law" to "It's procedure" then we can safely assume that the crown lied. They are prone to that you know. You of all people should know they cannot be believed. These people that enforce laws seem to think just because they're not under oath, it's OK to lie to us and about us.

jsherk wrote:

I just want to know if it exists or not!

I would think if the Judge didn't know about it, and the crown reduced her statement from "It's the law" to "It's procedure" then we can safely assume that the crown lied. They are prone to that you know. You of all people should know they cannot be believed. These people that enforce laws seem to think just because they're not under oath, it's OK to lie to us and about us.

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Re: Requirement to provide three copies of case law for a mo

It may be buried somewhere in either the rules of procedure or LSUC requirements. While a JP and prosecutor may be familiar with commonly cited cases, one should never assume that. Plus, someone could be referring to a paragraph or making an interpretation that hasn't been previously used.

It may be buried somewhere in either the rules of procedure or LSUC requirements. While a JP and prosecutor may be familiar with commonly cited cases, one should never assume that. Plus, someone could be referring to a paragraph or making an interpretation that hasn't been previously used.

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