OHTA.ca

I got a disclosure in form of a printout. The officer doesn't have hand written notes. He made his notes on the laptop.

There is no copy of his notes recorded elsewhere, so only the officer has control over it. Is this acceptable in a court and how that can be proved to be authentic and not modified at a later time? In the Evidence Act is shown that is up to the prosecution to prove that.

Thanks for any ideas!

What section of the evidence act are you referring to?

once the notes are entered and sent from the cruiser there is no way to modify them by the officer. All we can do is read and print them.

OPS

The Canada and Ontario Evidence Acts are irrelevant here, since the crown will not likely be trying to enter the officer's notes as proof of anything. The notes are to refresh his memory. His oral testimony is what the court will consider.

Simon Borys wrote:The Canada and Ontario Evidence Acts are irrelevant here, since the crown will not likely be trying to enter the officer's notes as proof of anything. The notes are to refresh his memory. His oral testimony is what the court will consider.

Thanks! That is exactly what happened.

Stanton wrote:What section of the evidence act are you referring to?

Evidence act

Sec. 34.1(4)

They didn't use it as evidence so no use of it.

OPS Copper wrote:once the notes are entered and sent from the cruiser there is no way to modify them by the officer. All we can do is read and print them.

OPS

It makes sense . I am just curious are the notes typed in the same time with the ticket , because the ticket and the notes have the same time stamp?

The officer said only he is in control of the notes, nobody else