CASE LAW - R v Anutooshkin

This is a case decided by the BC Court of Appeal in 1994. It has relevance today for requests for disclosure to prepare a defence for traffic court. A quick look at many internet sites will find advice that you should ask for everything except the dirt in the floor mats of the police vehicle and if the police don't supply it the case will be dismissed.

The decision says that if the material sought is not useful in a practical sense I would think that its disclosure would not be required. The discretion regarding disclosure which at the outset rests with the Crown and later with the court, is to be exercised with common sense. In other words the Crown (police officer that issued the ticket) can disregard unreasonable requests for disclosure.

So, before you blindly follow advice from the internet, think of how you will justify needing the information that you request. If it is denied, you will have to plead your case to the court to show why you need this disclosure.

Link:

• Reasons for Judgement - R v Anutooshkin