The case deals only with the disclosure of the testing portion of the manual. That is disclosed routinely. There is no new information here:
Courts decision with regard to legal arguments
42. The court rules the portion of the radar manual with regard to testing procedures on the Atlanta laser is relevant to full answer and defence with regard to a speeding charge, and therefore should be produced without reservation to copyright or the need to cross-examine the author of the document. The bar for the test to establish relevance is set reasonably low and that bar has been met in this instance.
43. The court finds itself in favour of the case law which supports the use of the relevant portion of the radar manual for the purposes of full answer and defence supersedes both arguments in favour of copyright, and in favour of having the author of the radar manual document present for cross examination purposes.
44. Finally, the court, cognizant of the case law as it pertains to manufacturers recommendations, finds in favour of the premise that these are simply that: recommendations to be followed as to intent, if not to the exact letter. It would appear in this case that Const. Tomlinson followed the intent of laser manufacturers recommendations by measuring distances from the rear of her cruiser – using a tape measure to establish accuracy. That she did not use the manufacturers recommended distance of 45 metres does not necessarily lead to the conclusion that the laser was not working properly on the date in question.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !