“Court Doesn't Agree To Disclose The Lidar Electronic Output Or Any Calibration Report”

Hello everyone,

I’m facing a stunt driving charge for going 162 km/h in a 100 km/h zone in Ontario. In preparing my defense, I requested the LIDAR device’s electronic output and calibration records, but the judge denied it, stating I would only receive the officer’s notes and the LIDAR manual. My hearing hasn’t occurred yet. Has anyone encountered a similar issue? Is it normal for such evidence requests to be denied, and does anyone have advice for defending this?

This is normal in Ontario. You are entitled to the full manual. The main concern will be, did the officer test the device according to the manufacturers instructions, and was the device working properly at that time. The problem that occurred in the past with the question of "calibration records" is that it opened up a huge rabbit hole of what device was used to calibrate the LIDAR, what device was used to calibrate the calibration device, and on and on.

Also, annual calibration is not required in Ontario. Only if the device, (RADAR or LIDAR has gone in for any major repair.