Summary

Keywords

Provincial offences — Highway Safety Code — Evidence — Disclosure — Speeding — Radar device — Applicant convicted of speeding — Speed estimated using radar device — Applicant wishing to obtain documents concerning use of radar device — Whether right to disclosure is right of general kind, applied in context involving police — Whether information sought is already present and accessible to anyone — Whether government has obligation to provide accused with these documents and information — If court has no technical judicial knowledge of radar device, whether its decision can be reviewed and set aside for deficiency in such knowledge.

Summary

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In February 2017, the applicant, Pierre Larocque, received a statement of offence for driving at a speed of 76 km/h in a 50 km/h zone. The speed had been measured using a radar device with laser technology. Before his trial, Mr. Larocque sought to obtain from the prosecution some technical documents relating to the operation of the radar device allegedly used to estimate his speed. His motion was granted in part on an appeal from a conviction, certain documents were disclosed, and a new trial was then ordered.

Following his second trial, Mr. Larocque was convicted in the Court of Québec and a $90 fine was imposed. A judge of the Quebec Superior Court dismissed his appeal. Three months after the Superior Court’s decision, Mr. Larocque tried to appeal the decision and brought a motion for an extension of time to file an appeal. A judge of the Quebec Court of Appeal dismissed the motion.

Lower Court Rulings