OHTA.ca

Back in February I got a ticket for speeding 107 in an 80 zone in Innisfil. My trial was scheduled for June 3rd. I requested disclosure, but didn't get any, so I filed for section 7 of the Charter. I sent it by mail to the attorney general of Ontario, attorney general of Canada, and Barrie prosecution office. I also got copies of affidavits. I went to trial on June 3rd and was told that they didn't receive my notice of constitutional question and was thus unprepared to argue against me. With this being said, the justice of peace said "she had full confidence that I submitted it correctly". For this reason, they asked me to resubmit a request for disclosure and adjourned the trial to Sept. 15th. I did as they instructed and just got my disclosure today (Aug 28th). They attached a copy of my ticket, 1 single page of written notes, my notice of trial, and 3 pages of the radar manual with instructions on how to conduct the tests. At the very bottom of the last page, it said that tests should be conducted prior to enforcement and at the conclusion of the officer's tour of duty. I can't quite make out exactly what the disclosure says, but I'm pretty sure there was no mention of any tests. I attached the page of written notes. Would this be a possible defense?

One of the traffic officers who frequent this board might know better, but my guess would be that the two times mentioned at the top of these notes (815 and 1835) are the times the officer tested the radar unit. The notes don't say what the outcome of those tests were but I would imagine the officer will testify on the stand that the tests showed the unit was in working order.

Keep in mind that case-law states that the requirement for testing times is up to the presiding trial justice (justice of peace). So a JP can be satisfied that the officer tested the device before and after his shift without testing times.

You can read more about testing times here: http://www.ontariohighwaytrafficact.com ... tml#p30553

You can resubmit a new disclosure request and ask the prosecution to have the officer provide a transcribed version of the notes and provide explanations for short-form writing.

If the officer shows up at your trial, the prosecutor will have him explain his notes to you.

Do you guys have any recommendations on how I should proceed?

Bump? Any other suggestions or advice?