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I'm hoping by that you submitted another request for disclosure when you noticed some was missing. It is on you to make sure the disclosure is compete and not up the the prosecutor to predict what you need or require.
It did say page 1/1 so without examining the original it would not really be possible to tell. I didn't realize the defense can ...

One more question - what should I do if during trial it comes up that I was only disclosed half of the officer's notes? I am suspecting that he didn't know how to use a photocopier properly so the page of notes is cut off.

It's really not a good idea to have her testify.

Have you received disclosure? If so please post it so we can better assist you.

How does your wife know she wasn't speeding?
The disclosure is just a simple form the officer fills out when operating a speed trap. It has road conditions, laser test times, vehicle information (make/lane/speed). It ...

It was heavy traffic and she was in the curb lane frequently slowing or stopping behind vehicles turning into parking lots. The officer's notes state that the speed was obtained at 170 meters, so if I find the next intersection beyond that and have her testify that she was not speeding from that intersection until being pulled over, it should be ...

Hello everyone,
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect ...

Note to anyone defending a friend or family member: bring a copy of the Law Society Act with you to trial!

The JP absolutely refused to talk to me because I do not hold a licence to practice law. I knew he was wrong but couldn't get the research done in time to argue.

Because of this we were forced to take a deal. Luckily the crown was having ...

The amount of damage to the vehicle was probably around $200. This was to the plastic bumper (a small dent) and I will personally be testifying to that as I had a larger rust hole in my own car's door fixed for close to that last year.
The only witness to the damage on the steel hydro box is the police officer and the estimate was $6000, but only ...

Thank you for your kind advise . Do you know if I can write a letter to the Justice of the Peace or Crown so that they might

consider my situation before I plead? There was no 'STUNT' driving - inadvertent speeding only. Also, do they give you time to pay???
If you are convicted (either by plea or verdict), the JP will decide the fine amount ...

So this is coming up next week and of course still no response from the prosecutor regarding the additional disclosure request. Since it would be a charter violation should I just ask for adjournment so that I can prepare a section 7 application? Do I have to notify the prosecutor beforehand that I will be making that motion?

Of course I have to ...

Why can't they just read it online like everyone else? It is public knowledge, not evidence. Sounds like the prosecutor just wants you to waste more of your time and money. If I was a JP I would never trust printed case law from self represented people anyway considering how easy it would be to change the text.

Edit: I know prosecutors like to ...

Why can't they just read it online like everyone else? It is public knowledge, not evidence. Sounds like the prosecutor just wants you to waste more of your time and money. If I was a JP I would never trust printed case law from self represented people anyway considering how easy it would be to change the text.

Edit: I know prosecutors like to ...

I don't know why prosecutors are so intent on wasting everyone's time including their own. They only have to obtain the manual electronically once and then spend a few minutes sending it to the defendant each time. The court is so stressed to complete the docket each day but they spend so much time arguing about this (at least with defendants who ...

Yesterday I learned it sometimes pays to keep your mouth shut. I was unable to meet with the prosecutor and the JP was very grumpy so I decided not to play games and said I didn't object to the adjournment but just wanted to make sure the court noted that it was the crown's fault for the delay. There were a lot of adjournments for February (which ...

Ok so here is my plan depending on which witness it is:

a) If the police officer is absent I will object and ask for the trial to proceed, as even without full disclosure the crown has no evidence to go on.
b) If the home owner is absent I will object and ask for a stay instead, citing the witness issue (crown's unpreparedness) and the fact that ...

I did receive the witness statement of the home owner. He heard the collision, came to his window and saw the vehicle driving away. He did not report it, the police got his statement by knocking on his door. He did not see the driver, the licence plate, or any damage on the vehicle, and he even reported the wrong colour so his evidence is not only ...

Update: received a notice of motion from the prosecutor. Apparently one of the crown's witnesses is on vacation and won't be able to make it so the crown wants to adjourn. It doesn't specify if it's the police officer or the home owner but if it is the latter I don't know why he is considered essential as his evidence offers no value. So I will ...

I just mean that in the act itself, 199(1) references 199(3):
199. (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to ...

Oops. I was writing from memory and didn't realize 199(1) is different from 199.1.
Unfortunately she did not make a scan of the ticket before filing it, and the officer's copy given in the disclosure is completely illegible. But on the notice of trial it states "FL REPORT/FURNISH ACC/REQ. INFO", section 199(1). The furnishing info applies to 199(3 ...

Thanks jsherk!
Yes this case is definitely an example of why you should never talk to police and I think this person has learned that lesson!

1. I will try to get together a detailed "transcript" of the conversation hopefully by tomorrow and post it. I am not sure if she felt compelled but she was cautioned about halfway through the conversation ...

Hello everyone,
I am helping someone fight a fail to report charge. The trial is this coming Monday but I wanted to wait for disclosure before posting and we finally received it 3 days ago. Several of the disclosure items are extremely low quality scans so I don't have 100% of the prosecutor's information. I have sent another request for higher ...

I haven't heard of the Intention to Appear form before. With all of the tickets I've done it's always been tick option 3 and mail it in. Filed it yesterday and the clerk typed the correct address on the form.

Thanks jsherk I will do that to ensure due diligence, and also tell the clerk when I file it for trial (the ticket specifies it must be in person - no mail-in option).

On a side note, wouldn't the whole reopening process increase the chance of 11b? Or does that time not count?

When the court sends out the notice of trial, do they use the address the officer wrote on the ticket, or the actual address in the MTO database? In the case of the former, what are the implications? The reason I ask is that my wife got a ticket last week and the officer wrote the wrong city on it.

This topic discusses the same thing but with CN ...

I agree 100%. I always leave tons of room but people take this as an invitation to cut me off so I am constantly having to adjust. I also drive at the speed limit so quite often I am getting tailgated.

This charge seems like it would be very hard to prove unless a collision is involved which is why we probably don't see many of these tickets ...

R. v. Bland seems to be the go-to decision with regard to speedometer calibration. JPs seem to think that if the speedometer is capable of showing a steady speed then it must be working correctly. TRUE in a sense, but that doesn't mean it is showing the correct speed. I mean if I tune one of my guitar strings flat it will play the same wrong note ...

For it to be perjury there has to be the intention to lie and obstruct justice. No idea how you could prove something like that - it probably has to do with motive and whatnot. Maybe if the trial is about careless driving or something related to an accident, if the witness is currently suing the defendant. If the testimony has contradictory ...

So the trial date was yesterday and here is what happened. When we checked in the prosecutor of course tried to intimidate us with the amended speed and gave the choice of pleading guilty now or going to trial. I'm not sure if he was actually the prosecutor because it was a different person representing the crown in the courtroom. Anyway I replied ...

So this prosecutor doesn't want to cooperate. After my request for the full manual and proof of the officer's training, they actually sent an email on Friday with a letter and some explanation.
In regards to the manual, they provided 4 pages of the testing portion only. It states that if I wish to view the entire manual I may make arrangements with ...

Indeed I am looking at R. v Hawkins , wherein the requirement to visually observe the vehicle speeding is part of "tracking history" and is prescribed by the radar manual. However, I've read a bunch of lidar cases and it seems that every time without exception, the officer testifies that before activating the laser, he or she observed a vehicle ...

Sorry for the double-post. I was reading through the notes again and discovered an interesting nugget: there is no mention of determining a high rate of speed before obtaining a measurement. I am thinking along one of these scenarios:
1) The prosecutor asks the officer about this (or officer says it in his testimony). I object and motion to have ...