In Ontario they will not grant you a stay on your first appearance for lack of disclosure anyways. The caselaw says the proper remedy on a first appearance is to tell prosecutor to get you the disclosure and to set a new trial date.Humbleone22 wrote: ↑Dec 5th, 2017 7:33 pmHi,
So it's been two months. I sent in two requests (one each month) for disclosures and kept a photocopy of each. Nothing was sent to me. I've been extremely busy so I completely forgot to ask for a Stay which has to be submitted 15 days prior to the court. My court day is in 2 days so Thursday morning. I anticipate that the prosecutor will probably give me the evidence on the court day.
Therefore I was wondering what are my options? Can I show my requests of disclosures as proof of my due diligence and request another trial date? Also since this is my 1st offence and I do not have much knowledge on how these kind of things go, am I allowed to see if the police officer is present prior to requesting another trial date (such as in the waiting room)?
Thanks for the continuous help,
It does not hurt to ask though, but 99.9% they will adjourn to a new date.
If they give you disclosure on the trial date, you can still ask for an adjournment as you need time to review the disclosure and prepare a defense.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.