Requesting Disclosure for a Traffic or Provincial Offence Ticket
If you are going to fight a ticket, you are entitled to see the evidence the prosecution intends to use. That is called disclosure. Requesting it early lets you judge your case and prepare for trial or an early resolution meeting.
- Disclosure is the evidence the prosecutor has, which they must share with you so you can make full answer and defence.
- Ask in writing, as soon as you have requested a trial, and keep proof of the request.
- Look for the officer's notes, any photos or video, and equipment records, such as radar or laser calibration.
- If disclosure is incomplete, raise it before the trial date. It can be a reason to adjourn or a ground to challenge the case.
Why disclosure matters
Traffic tickets can turn on small details: what the officer saw, how a device was used, where a sign was. You cannot test the case without knowing what the prosecution has. Disclosure also helps you decide whether to resolve the charge or go to trial.
What you may receive
- A copy of the ticket or offence notice and the officer's notes.
- Any statements, photos, video or diagrams.
- Records about the device used, such as radar or laser training and testing, where relevant.
- Information about the officer's position, vantage point and the road conditions.
- Your driving record abstract, if the prosecutor will rely on it.
How to ask
- Find the prosecutor's office or court address on your notice or the court's website.
- Send a short written request that includes your name, ticket number, offence date and court date, and asks for full disclosure.
- Keep the proof of sending, such as a confirmation or a tracking record.
- Follow up if you do not hear back in a reasonable time, and ask again closer to the date if needed.
Reading what you get
- Check the date, time, location and by-law or section on every page. Do they match the ticket?
- Does the officer's account explain how the offence was seen or measured?
- Are the notes complete, or are important details missing?
- Is there anything that supports or contradicts your version of events?
If something is missing
Ask for the missing items in writing and say that you need them to prepare. If you do not get them, tell the court at the start of the trial or earlier, and ask for appropriate relief such as more time. A paralegal can help you decide how to raise it.
Common questions
Is there a fee for disclosure?
Some courts and prosecutors charge a small copying fee, others do not. Ask when you make the request.
What if I do not get anything before trial?
Raise it with the court at the earliest chance. The court can adjourn the trial to allow for disclosure, which can also improve your negotiating position.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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