FIGHTING YOUR SPEEDING TICKET GUIDE
Disclosure is all the evidence that the prosecutor intends to use at your speeding ticket trial. It is called disclosure because you have a right to have all this evidence disclosed to you by the prosecution before your speeding ticket trial. This right is guaranteed to you by both the Provincial Offences Act and by the Canadian Charter of Rights and Freedoms, and you need to make sure to exercise it.
Why do I need disclosure?
Reviewing the disclosure file will give you an idea of the case the prosecutor has against you. This will include, for example, the notes the officer took when he or she gave you your speeding ticket. The disclosure is where you will see if the officer’s description of the event matches yours, and whether or not they have actual proof that you were speeding. It is the responsibility of the officer to make sure that he or she did everything they are required to do by law when charging you with the speeding ticket, and some speeding cases have been won by the fact the officer did not follow proper procedure.
If you go into your speeding ticket trial without disclosure, you will not have any idea how to properly defend yourself against the evidence the prosecution may have on you. Full possession of all the facts is your best defence, but you have to take the necessary steps to putting it to use.
The case that outlines what the prosecutor is obligated to provide you in disclosure by law is called (link: www.canlii.org/en/ca/scc/doc/1991/1991canlii45/1991canlii45.html) R v. Stinchcombe. You can refer to this case when making requests for disclosure if you are having trouble getting the prosecutor to respond.
If you don’t receive disclosure for your speeding ticket after making several requests for it, you are entitled to costs which are set out in the case called (link: www.canlii.org/en/ca/scc/doc/2001/2001scc81/2001scc81.html) R v. 974649 Ontario Inc. In most cases in which disclosure isn’t received, the Justice will grant an adjournment to the proceedings, which gives the prosecution time to send you the disclosure for your speeding ticket and you time to review it. In very extreme cases in which disclosure has repeatedly not been granted, the Justice may grant a stay of proceedings.