Case law or Judge made law is available through our links page.

You will be able to search your type of offense and see a list of all of the cases that are similar to yours. Located within these cases are all the tools necessary for you to see the reasoning why the courts have ruled in certain ways. You can refer the appropriate case law at your trial.

In preparing for your trial this website will help you. For further insight on how to carry out a trial you will have to use the pay part of this website. If you search for your offence a detailed informative booklet will be given to you for you to download as a set by step approach to your offences.

Why you need to use case law?

This is a invaluable tool. If you are ever going to court you are given insight into the reasoning that the courts use to convict or dismiss a case. You will see the arguments presented in court. You will see what has worked as a defence in the past and you will be able to refer to them in your own court case.

Disclosure

Every defendant has a right to see what the other side is going to use against them in court. So, that there are no surprises, this material is available to everyone who has a trial. You may request that you receive disclosure from the court house that you are attending. Normally there is a request form to be filled out at the court house and then they will call you when it is ready for you to pick up. 

How do you know that you are getting everything that you need from the prosecutor? You can assume that if they do not give it to you then they are not going to present it. 

Once you have requested to receive disclosure, but were not provided it, the court should not precede. Unless you give up your right to have disclosure and want to precede without it they court should put the matter over to another date. For criminal matters the courts will not likely set a trial date unless the crown provides disclosure to the defendant. 

If you feel that you were not provided full disclosure then that is for you to argue in court about what you were not provided.  If you feel that the Court proceeded despite your requests for disclosure then you do have a right to appeal to have a new trial ordered. See appeals. The prosecutor will be the one causing the delay if another date has to be set and you will have to review if your 11 b rights under the Charter have been violated at this time. See 11 b arguments in next section under General solutions.