Shawna Eveleen Decoste, 33, of Springfield, N.S., to enter plea next month on charge of being high at the wheel and seriously injuring man in Penniac in September 2022
It varies from case to case, and ultimately, disclosure is provided by the pertinent policing or regulatory agency to the Crown, so delays tend to originate on that end. In this particular case, proving impaired driving by drug requires lab work and potential expert opinions, which often delay disclosure. Furthermore, the Crown would need to prove bodily harm, which customarily requires a medical report/opinion, and getting health records such as that can be time-consuming.
I'm not suggesting those elements are in play in this particular case; I'm just speculating based on previous cases I've followed through the courts.
Sounds good it just seems every second article you post where a citizen is expected to pled, no disclosure has been given not even to the accused if they have no lawyer, how do they expect people to pled without disclosure. What are they hoping you will pled quilty and hope they got the stuff they need to convict you.
When a story says the defendant doesn't have disclosure - notably an as-yet unrepresented one - that's often because the person in question hadn't requested it or didn't know to do so. Sometimes, people request additional disclosure that (a) they're not entitled to or (b) isn't within the control of the state.
And occasionally, disclosure that should be provided isn't, and ultimately, the court has to weigh in, either to put pressure on the Crown to provide it or to rule on a potential Charter breach. Those instances are rare, but they do happen on occasion.
But a passing reference to delay in disclosure in a typical court story isn't always a sign of something nefarious or negligent at play. It's a normal part of the process, and my references to them are generally part of my efforts to provide explanations for adjournments.
Don, is there a reason that you know of why the crown is having such a hard time with making disclosure available.. Just curious
It varies from case to case, and ultimately, disclosure is provided by the pertinent policing or regulatory agency to the Crown, so delays tend to originate on that end. In this particular case, proving impaired driving by drug requires lab work and potential expert opinions, which often delay disclosure. Furthermore, the Crown would need to prove bodily harm, which customarily requires a medical report/opinion, and getting health records such as that can be time-consuming.
I'm not suggesting those elements are in play in this particular case; I'm just speculating based on previous cases I've followed through the courts.
Sounds good it just seems every second article you post where a citizen is expected to pled, no disclosure has been given not even to the accused if they have no lawyer, how do they expect people to pled without disclosure. What are they hoping you will pled quilty and hope they got the stuff they need to convict you.
When a story says the defendant doesn't have disclosure - notably an as-yet unrepresented one - that's often because the person in question hadn't requested it or didn't know to do so. Sometimes, people request additional disclosure that (a) they're not entitled to or (b) isn't within the control of the state.
And occasionally, disclosure that should be provided isn't, and ultimately, the court has to weigh in, either to put pressure on the Crown to provide it or to rule on a potential Charter breach. Those instances are rare, but they do happen on occasion.
But a passing reference to delay in disclosure in a typical court story isn't always a sign of something nefarious or negligent at play. It's a normal part of the process, and my references to them are generally part of my efforts to provide explanations for adjournments.