What To Do With Disclosure

What are you going to do with all this information? In Step 3 you look up the act you violated and the relevant case law to identify the essential elements of your charge. Now here in disclosure, you are seeing whether the Crown has evidence of those essential elements.

You are looking to see that everything was done by the book. You are looking for mistakes, improper procedure, shortcuts, anything that doesn't look right or casts doubt on your guilt. The officer or witnesses observed something and connected that to you. You are attempting to break that connection.

For example, if an officer stops you and gives you a breathalyser but doesn't first establish cause to stop your car and give you that breathalyser (i.e. sees you swerving on the road, smells alcohol on you, or observes you slurring your words), he doesn't have just cause to use the breathalyser and any reading taken will not be admissible. The officer's notes should provide details of why he decided to stop you and give you the breathalyser.

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