- Hindsight is 20/20. A stay application 15 days in advance of trial would have stopped their disclosure in its tracks.
- The amount of time it took them to process your disclosure request is long but not unusual (Toronto takes a minimum of 8 weeks).
- The amount of time to go to trial is just over 10 months which is not unreasonably long.
So what to do?
Go early on your court date and pick up the disclosure package and look it over. What's in the package? You have to push the insufficient disclosure angle.
Scenario A - you made a general request for disclosure. The information in the package should contain all the evidence they need to convict you: proof that the officer is trained and proof that the speed measuring device was working properly. If it's missing you argue insufficient disclosure.
Scenario B - The package does not contain everything you asked for like a witness list, will say statements, typed copy of the officer's notes, etc. Here you argue incomplete disclosure.
In either scenario, you will make a pre-trial motion (see my site for instructions - Step 5). Print 3 copies of the following and hand one to the clerk of the court and one to the prosecutor at your trial:
State Martin shows the sufficient information required to establish a foundation for a speeding conviction. Even a general disclosure request should trigger the Crown's obligation to provide evidence of the officer's training and the speed measuring device's operating state. You did not get this information.
And/or state Egger shows that the Crown must disclose information that is useful to the defendant early enough that they can take steps that affect his rights. If you had a detailed disclosure request, then the information you asked for would have been useful to you. You did not get it.
Next, state Rowan shows that 11 months was considered unreasonable for a relatively straightforward matter as a speeding charge especially when the case was unnecessarily protracted by repeated appearances in court to argue improper disclosure by the Crown. An adjournment and subsequent disclosure will put you in 11b territory and unreasonable delay. Ask the justice to stay the charge.
Since you have no Charter application, the justice has every right to disagree with you. But must grant you an adjournment to review the disclosure package you were only able to pick up "today". This delay shouldn't count against you, especially if disclosure is incomplete. You can make a Charter application afterwards.