OHTA.ca

Hi there, I sent in my disclosure request for a 15 over ticket (reduced) which requested typed notes. I received disclosure with no typed notes, the notes are fairly illegible. I sent in a second request highlighting the need for typed notes. I got a letter back saying the prosecutor has reviewed the hand written notes and has no difficulty reading them. They would be happy to go over them with me at their office. Do I just ignore this and press an 11b or what? The trial date is at the end of August.

Ignoring the crown's invitation to review the hand written notes will be introduced at trial. You'll be seen as not exercising due diligence w.r.t. your disclosure request. The crown will make the argument that they were available to review the notes weeks in advance, and you weren't able to schedule a few minutes to come down to look at them.

You can always review the hand written notes at the trial date, however... that will not be considered the first opportunity you had to review it.

Have you already filed an 11b application? How long is the delay? What does your timeline look like?

- Date you received the ticket

- Date you filed the ticket

- Date you received your notice of trial

- Date on the notice of trial

- Date of first disclosure request

- Dates of subsequent disclosure requests