R. v. Robichaud

R. v. Robichaud

Application granted in part: Crown must disclose those portions of the radar operator's manual that deal with the unit's capacity, functions, operation and accuracy, including proper procedures for testing the operation and accuracy of the unit; Crown must disclose the RCMP policy referenced regarding radar function tests; the Crown need not disclose calibration certificates, calibration log sheets or tuning fork calibration records or additional training materials beyond the certificate of competency because the applicant did not show a reasonable possibility those items would be useful to make full answer and defence.

Citation
2008 NSPC 51
Parties
Crown/prosecution: Her Majesty the Queen; Defendant: Phillip Robichaud
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 April 2008
Procedural Posture
Speeding (motor Vehicle Act S.106 A(b)) / Pre Trial Disclosure Application
Outcome
Application granted in part
Legal Topics
Crown Disclosure Obligations, Radar Evidence, Right to Full Answer and Defence, Pre Trial Motions
Source Language
English
Criminal Procedure Traffic Law Evidence Law Charter Law Crown Disclosure Obligations Radar Evidence Right to Full Answer and Defence Pre Trial Motions

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Parties

Her Majesty the Queen

Crown/prosecution

Phillip Robichaud

Defendant

Procedural Posture

Speeding (motor Vehicle Act S.106 A(b)) / Pre Trial Disclosure Application

Legal Issues

  1. 1 Whether Crown must disclose radar operator's manual or portions thereof
  2. 2 Whether calibration certificates, calibration log sheets and tuning fork calibration records must be disclosed
  3. 3 Whether police officer training materials and records beyond certificate of competency must be disclosed

Ratio Decidendi

Application granted in part: Crown must disclose those portions of the radar operator's manual that deal with the unit's capacity, functions, operation and accuracy, including proper procedures for testing the operation and accuracy of the unit; Crown must disclose the RCMP policy referenced regarding radar function tests; the Crown need not disclose calibration certificates, calibration log sheets or tuning fork calibration records or additional training materials beyond the certificate of competency because the applicant did not show a reasonable possibility those items would be useful to make full answer and defence.

Court Disposition

Application granted in part

Orders

  • Disclose portions of the radar operator's manual that address the unit's capacity, functions, operation and accuracy including proper procedures for testing the operation and accuracy of the unit
  • Disclose the RCMP policy regarding radar function tests referenced in the Crown brief