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Ontario Highway Traffic Act

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PostPosted: Sat May 02, 2009 9:12 pm 
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Thanks Ticketcombat but I guess what I really wanted to know is the part about "in light of the guidelines set out in R. v. Stinchcombe and subsequent cases", could you explain that to me briefly?


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PostPosted: Sat May 02, 2009 11:26 pm 
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Stinchcombe was the landmark case that ruled the element of surprise had no place in a modern trial and the defendant should see the evidence before trial. It established the Crown's disclosure obligations.

Subsequent cases further clarified the Crown's disclosure obligations:. what they must provide, what test they must use, when they must provide it, etc.

So a disclosure request "in light of Stinchcombe" means "Hey, you've got to give me the evidence, so let's have it." Subsequent cases means "case law has established what you should provide, when you should provide it and you have to justify if you have something and didn't provide it."

So that alone should elicit the evidence required to convict you. In a speeding trial, for example, they must provide evidence that the officer was trained to use the (laser or radar) device and proof that the device was working properly.

****************

The second part is, "I know you've got to give me all of the above. Besides that, I also want the following..."

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Last edited by ticketcombat on Sun May 03, 2009 1:03 am, edited 1 time in total.

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PostPosted: Sat May 02, 2009 11:48 pm 
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Thanks ticketcombat for clearing that up, as always you are a wealth of information! Any suggestions for the specifics I should ask for as it pertains to my situation aside from whats on the sample disclosure form?


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PostPosted: Sun May 03, 2009 1:03 am 
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I would just use the sample disclosure request for the first round. Let's see what they come up with first. Then depending on that, we can devise a strategy. Toronto takes a minimum of 8 weeks to provide disclosure so you've got plenty of time to think about. Just get the first one out there.

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PostPosted: Sun May 03, 2009 11:13 am 
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Do I wait until I receive my court date or do I send the request now?


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PostPosted: Sun May 03, 2009 3:29 pm 
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Now!

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PostPosted: Sun May 03, 2009 9:45 pm 
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Yes but on the disclosure request it says Court Date and Location and I don't have that information yet. Do I wait until they contact me and let me know when and where so I can include that on the disclosure request? Also, what does Diary Date mean?


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