Ontario Highway Traffic Act

Also in terms of referencing case law? Does one have to kill a dozen trees to print 3 copies of each decision or can you simply bring a usb stick and offer a copy to the court/crown?

My buddy will do that. He says he will reference Chapter 7 and the crown policy manual and it's section on disclosure...

Question: Are city (i.e. toronto) prosecutors specifically bound by the Ontario crown policy manual as published by the Ministry of the Attorney General?
http://www.attorneygeneral.jus.gov.on.ca/english/crim/cpm/2005/Disclosure ...

Is the procedure for Chapter 7 defence the same as filing an 11b? There is no time for that as the trial is this afternoon. Or can he simply ask for a stay based on improper disclosure before he pleas?

Thanks manly.

One of the key's to a successfull 11b is showing prejudice. A sob story won't always cut it....

One good factor for showing prejudice is that the longer it takes, memory of the events start to fade (of accused, witnesses, officer, etc). As a result, this effect make it more difficult to make a full answer and defence to the charge ...

Here is a good start:
http://www.ticketcombat.com/step4/sampledisclosure.doc

modify to your needs.

Make sure you come back to post and let us know how it all went down.

Frozenover wrote:
I bet 99.9% of drivers in Ontario are unaware of this.

Maybe 99.999% I had no idea! Good to know.

ManlyMinute: Congratulations!! Great to hear the experience of someone who researched, worked their butt off, stood their ground, and won!

Update: He faxes his 3rd disclosure request (specifically for the radar manual and notes showing testing of unit that day) last week. His court date is this Thursday.

that's what yield signs are for....

Absolutely, set a court date. Do some more reading here and at http://www.ticketcombat.ca

file for disclosure right away

here are the possibilities:
crown does not disclose and you get a stay
crown does not disclose and judge adjourns. Delay put you in position for 11b charter challenge and you get a stay
officer doesn't show up, you walk
worst ...

RI, thanks for your valuable input. Can you clarify a couple points:

If the Crown did not disclose notes of the time where the device was tested, you could very well argue that you were misled into believing the device was not tested and mounted a defence based upon incomplete disclosure by the Crown. The note about testing need not be lengthy ...

Oh, and from what he can read, there is no mention of any testing on the officer's notes that have been disclosed.

He has confirmed that he only received a copy of the officer's illegible notes. No radar manual, etc. He is faxing his 3rd request disclosure today stating that the disclosure thus far is deficient and illegible. He also didn't even receive a copy of the officer's copy of the ticket (isn't that required if requested??)

no, you are only entitled to what you ask for. Most folks don't even ask for disclosure period!