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Anybody Have Copies Of Most Recent Genesis Ii Manuals?
Posted: Fri Apr 04, 2014 5:25 pm
by jsherk
Anybody have copies of most recent Genesis II manuals?
I am looking for:
Genesis II Select or Genesis II Select Directional
- User's Manual and Installation Guide - Canada Variant Rev 25/Aug/2010
I requested disclosure, but only got cover and test procedures page. I then asked Justice that I wanted whole manual and he told me that I should have gone to a library to look at it. I even went to Law Library in University of Ottawa but they did not even have it. I went to a couple different OPP detachments to try and view them but they would not let me see them. I have sent a Freedom Of Information Request to Ministry but that will probably take a while before I hear back from them.
Thanks
Re: Anybody Have Copies Of Most Recent Genesis Ii Manuals?
Posted: Fri Apr 04, 2014 5:50 pm
by Decatur
Don't go to the detachments. Go through the prosecutor to view the manuals.
Our jurisdiction does it all the time.
What's in the manual that you think will help you?
Re: Anybody Have Copies Of Most Recent Genesis Ii Manuals?
Posted: Fri Apr 04, 2014 6:25 pm
by jsherk
As I stated above, all the prosecutor gave me was cover and one page of testing procedures. I made a second request and he said no that was all he was going to give me. I brought it up to Justice and he said I should have gone to a library to look at manuals. Would be great if the Justice could tell me which libraries carry the manuals because I cant find any that do!
Anyways, really the whole point is how do I know whats in the manual that will help me if I can't see whats in the manual? Maybe there is nothing in it that can help me, but until I read thru it, how do I know that? How can I question a police officer on his use of the equipment and settings if I do not know what they are or how they work? How can I question him on operating parameters of the unit if I do not know what they are.
I could not prepare a full answer to the charge because I was denied access to the manual.
Re: Anybody Have Copies Of Most Recent Genesis Ii Manuals?
Posted: Fri Apr 04, 2014 7:04 pm
by Decatur
It appears that the JP has made a decision about your disclosure.
See if the prosecutor will permit a viewing of the manual and be prepared to take notes. They won't permit any photocopying.
As far as I'm aware, there are no copies of this particular manual available at any library or even online.
Re: Anybody Have Copies Of Most Recent Genesis Ii Manuals?
Posted: Wed May 07, 2014 3:27 pm
by trenchknife
All the prosecutor is required to provide you is the cover page (so you know what device it is) and the testing procedures. They have discharged their obligation for disclosure if they do that.
Re: Anybody Have Copies Of Most Recent Genesis Ii Manuals?
Posted: Wed May 07, 2014 4:16 pm
by jsherk
I appealed the case and won... appeal was allowed so charge was dropped.
The appeal addressed many issues, one of them being the fact that I did not get a copy of the manual.
The prosecutor did not fight the case, just told the judge he was going to allow the appeal. Now presecutors tend not to just let you win, so obviously there were some good points that were addressed in the appeal, but I do not know what the points were that he was worried about. I am not sure what points he was concerned about, but if he had of fought the case and lost, then there would have been a precedence that everybody should get the manual.
I have filed a FOI request with ministry to try and get copies. Will let you know the outcome.
Re: Anybody Have Copies Of Most Recent Genesis Ii Manuals?
Posted: Wed May 07, 2014 5:46 pm
by trenchknife
"Winning" an appeal is one thing, getting off because the Crown didn't want to contest it is another completely. Besides, this is provincial offences court. No precedence would have been set.
Re: Anybody Have Copies Of Most Recent Genesis Ii Manuals?
Posted: Wed May 07, 2014 6:03 pm
by Decatur
An FOI request with the Ministry wom't get you anything. They don't have control or posession over the manual.
I also agree with trenchknfe. Any decisioon mad by a justice of thr peace isn't binding on any court.