OHTA.ca

I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes with disclosure I can use to accomplish this? This is not my main strategy to win, I just want to try and make it easier on myself.

My jurisdiction states that "it's your responsibility to pick up disclosure at their office." Would not including my phone number force them to mail it to me? And would not receiving disclosure in time be justification to ask the justice for an adjournment?

Not including your phone number won't help as it is YOUR responsibility to check if it is ready and to pick it up.

Have you already sent letter asking for disclosure?

Basically you could just wait until the trial date and show up and say you would like disclosure and to review it with a lawyer before you decide how to plead. This should get you an adjournment to a another trial date. This delay though would not count towards an 11b though as it was caused by you.

You must take reasonable steps to keep the process moving. For example, you can't wait until the trial date and request disclosure then. Most JPs will grant an adjournment for disclosure, but will attribute the adjournment to the defendant. It would be attributed to the prosecution if the defendant had requested disclosure and followed up diligently but still hadn't received it.

You should note that adjournments may try to be rescheduled based on the officer's schedule. So it may not work to ask for an adjournment and hope that the officer will not show up again.

Does it matter who the delay is attributed toward, if there's almost zero chance of getting an 11b anyways? Will the only other impact be the opposite party's influence as to when the next trial date is? Is it safe to assume that if the first trial date was scheduled within 45 days (+15 for responding), there's zero chance of reaching the duration required for an 11b?

The officer is going to be there the first time because he said so at the side of the road. I was thinking the second time would be a less likely show due to the inconvenience. And if it was pushed off by four months, the second offense wouldn't appear on insurance when it's time for policy renewal. (assuming I lose the court case)

I have not sent a letter for disclosure yet, as I'm still trying to decide the best way to go about asking for it. I was reading this could be used as leverage for an adjournment if done correctly.

No it does not matter who the delay is attributed too if there is no chance of getting an 11b... but point was that if it got dragged out a long time to where an 11b might be in the cards then you can not count any time that was attributed to you, so you have to meet the 11b time frame PLUS any time delays caused by you.

With the OPP they schedule trial dates based on the officers work schedule, so it does not matter how many times they reschedule as they will always pick a date when the officer is working. May not be that way for all the police services though.

Even if 11(b) isn't going to be an issue, if one side keeps requesting adjournments, the JP could schedule the next date peremptory on that party. That means the side who's been requesting all the adjournments will not be able to request another one and had better be prepared to proceed. If it's the Crown and the Crown still isn't ready, the JP will quash the proceedings or stay the charge. If it's the Defendant and the Defendant still isn't ready, he or she will likely be convicted.

We provided our shift schedule and vacation time to the Crown so we were always available. The days of coppers not being there are pretty much gone. Not completely but it isn't like it was in the old days.