What Is Proper Disclosure ?
The disclosure for my ticket has only the date, time, type of radar, serial number and a general map of the area (with a road missing) showing where the officer was positioned. It says nothing about testing the radar prior to use, does not show where my car was at the time of the alleged offence-nothing really that specifically concerns my case. It be used for the many cars that were caught in the fishing hole that day. I could draw that map (probably a more accurate one) looking at Google Maps.
Is this considered lack of adequate disclosure and enough to get an acquittal ? If yes , is there some case I could refer to that you know ?
Re: What Is Proper Disclosure ?
No, I don't believe a lack of detail in notes would be considered inadequate disclosure. Inadequate disclosure is when you're not provided with something that's required and exists (i.e. refusal to simply give you any notes).
Re: What Is Proper Disclosure ?
would the disclosure he received help him during cross examination to bring about reasonable doubt?
if OP were to ask, "what time did you test the radar, before and after the shift"... officer will:
A) say he doesn't remember
B) say it's standard practice to test before and after his shift
C) pull out a separate notebook (not-disclosed) with the times
i've read plenty of decisions at the appeal-level, where officers' use of 'standard practice' for their test times brought reasonable doubt; the JP/Justice usually require a specific-time noted somewhere
- Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
Re: What Is Proper Disclosure ?
Actually a complete lack of disclosure as was described above would probably be considered inadequate. Remember that the prosecution's constitutional obligation (per Stinchcombe) is to disclose anything that is not "clearly irrelevant". That applies to the content of documents, not just to the documents themselves. So for example, the prosecutor can't just claim that the disclosure obligation is disclosed just because they disclosed "notes" when there's nothing in those notes.
The procedure would be to bring a s. 7 motion (disclosure falls under s. 7 of the Charter) and as for a remedy of stay of proceedings under s. 24(1) of the Charter.
-
- Similar Topics
-
-
New post Proper procedure for license reinstatement
by jdavid in General TalkLast post by hwybear Sat Sep 17, 2011 7:52 pm
-
-
-
New post Drive without proper headlights - different bulb L to R
by dash88 in General TalkLast post by iFly55 Wed Sep 25, 2013 4:32 pm
-
-
-
New post Proper Procedure for Pulling Over and Note Taking?
by FireFlash in General TalkLast post by hwybear Thu Nov 05, 2009 1:24 pm
-
-
-
New post Feel Like the proper procedure wasn't followed, need opinion
by AK108 in General TalkLast post by Simon Borys Wed Sep 12, 2012 6:09 pm
-
-
-
New post Drive Without Proper Lights - Mistake by officer
by travis_bicks123 in General TalkLast post by travis_bicks123 Fri Nov 25, 2016 10:32 am
-
-
-
New post What's the proper procedure to pass a car on a 2 lane road?
Last post by Squishy Sat Aug 15, 2009 11:39 pm
-
-
-
New post Driving Without Proper Rear Light Motor Vehicle
Last post by Stanton Thu Oct 04, 2012 12:47 pm
-
-
-
New post asked 20 people...no definitive answer...proper left turn
Last post by Simon Borys Mon Nov 01, 2010 7:39 pm
-
Who is online
Users browsing this forum: No registered users and 35 guests