GENESIS-VPD™ USER’S MANUAL
47
Rev. 09/04
to review sources of interference that may make the unit
susceptible to inaccuracies. In addition, the testing
procedure was sought for review. The Crown, in response
to the preliminary motion, indicated that it would not
provide a copy of the manual, but would consent to an
adjournment so the defence could hire an expert in the
operation of the RADAR machine. The trial Judge
declined to order a stay, as defence requested, but did
grant n adjournment so that defence counsel might
obtain the manual from another source. Defence
counsel did not pursue the matter of disclosure on the
adjourned date, nor did they cross-examine the officer
with respect to the operation of the RADAR.The appellant
did not lay a rational basis or factual foundation for his
claim for disclosure. In an absence of an air of reality to
the request for production, there was no evidence of a
breach of the Charter. The appeal was dismissed.
R. v. Windrem
(May 27, 1986, Brampton Prov. Off. Appt. Ct.)
Defence agents/counsel use this case to support their
argument that there must be evidence before the Court
that the tests conducted on the radar device were in
accordance with the accepted manufacturer’s technique.
It is apparent from the Judgment that the appeal was
allowed as the Justice of the Peace at trial misdirected
himself on the evidence. The J.P. in his reasons for
judgement found that the officer had checked the radar
before and after use by the accepted manufacturer’s
technique. That evidence was not before the J.P. at trial.
R. v. Furlong
(P.O.A.) 1985
Defence agents/counsel use this case to support their
argument that the officer must state in evidence “- I
tested the radar...”” It is apparent from the Judgement on
appeal, that the appeal was allowed due to the fact that
the J.P. at trial misdirected himself on the evidence
before him. The J.P. found as a fact that the officer was
the person that did the testing, because there was no one
else in the police car. There was no such evidence
before the J.P. at trial.
