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Ontario Highway Traffic Act

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PostPosted: Fri Dec 04, 2009 11:18 am 
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Location: somewhere in traffic
KiX wrote:
I've made several attempts to obtain this information but received no response, nothing that tells me that I can view this document at the court house. No explanation, nothing.


Improper disclosure, dismiss the charge.............They have to allow you access to the manual........

http://www.canlii.org/eliisa/highlight.do?text=speed+timing+device&language=en&searchTitle=Ontario&path=/en/on/onipc/doc/2004/2004canlii56313/2004canlii56313.html
http://www.canlii.org/eliisa/highlight.do?text=speed+timing+device&language=en&searchTitle=Ontario&path=/en/on/onipc/doc/2008/2008canlii1829/2008canlii1829.html

Just to find 2..

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PostPosted: Fri Dec 04, 2009 11:08 pm 
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Agreed. Hound them for that manual unit they show it to you, or ask for a stay.

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PostPosted: Tue Dec 08, 2009 1:10 am 
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Thanks! That was what I was thinking.. I have a right to atleast see these documents, even if it's at the courthouse.

However when my court date comes, I'll make my argument that the crown has not notified me or given any notice regarding these documents which I requested in my disclosure letter (inadequate disclosure). Shall I print out copies of these (2) case law examples and refer the JP to them?


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PostPosted: Tue Dec 08, 2009 2:53 am 
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KiX wrote:
Thanks! That was what I was thinking.. I have a right to atleast see these documents, even if it's at the courthouse.

However when my court date comes, I'll make my argument that the crown has not notified me or given any notice regarding these documents which I requested in my disclosure letter (inadequate disclosure). Shall I print out copies of these (2) case law examples and refer the JP to them?


If the JP has any clue, then they will know that your request is within reason, so print them out anyway, maybe 3 copies.....

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PostPosted: Mon Feb 08, 2010 11:13 am 
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Not to resurrect a thread, but my case was adjourned once already, now if I bring this issue up regarding the Crown not providing me with

1) a manual of the radar
2) proper eligible notes that make sense.. the officer seemed to use some sort of short form notes for everything he wrote down..
3) calibration records for the radar to confirm it was certified for use at the time the charge was given.

I also have in my defense that from the time my first disclosure package was ready, I did not receive any notification to pick it up, and that it was during the labour strike in Toronto which meant it was impossible to contact anyone at the provincial offenses office, and also to obtain disclosure would've meant I needed to take a whole day off work just to line up to get in.. not guaranteeing that I would even see a prosecutor.

Opinions on this? thanks


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PostPosted: Wed Feb 10, 2010 7:16 pm 
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Don't worry about the labour strike.

If they still have not provided you with the manual after an adjournment and 3 requests, that tells me that the prosecutor is, ahem, incompetent. You have tried 3 times, and he still did not do it. Apply for a stay based on Section 7 of the Charter.

This is your thread about the same case, and if you were to make a new thread about it, mods would have moved it to this one, so you made us less work!

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