R v Ul-Rashid

R. v. Ul-Rashid

2014 ONCA 896
Court of Appeal for Ontario — Strathy C.J.O., Tulloch and Hourigan JJ.A. | December 15, 2014

Background

Haroon Ul-Rashid was charged by the City of Toronto with failing to stop at a red traffic light under the Provincial Offences Act. He represented himself at trial and was convicted on March 7, 2012 by Justice Erick N. Libman of the Ontario Court of Justice. Ul-Rashid appealed unsuccessfully to the Ontario Court of Justice, then obtained leave to appeal to the Court of Appeal for Ontario.

During the proceedings, it became clear that Ul-Rashid, as a self-represented litigant, had never been properly informed of his right to disclosure by the prosecution. By the time this issue was identified, significant evidence — including a video recording of the alleged offence — had been lost.

Issues

1. Whether a self-represented defendant's Charter rights were violated when the prosecutor failed to inform him of his right to disclosure
2. Whether the Justice of the Peace failed to adequately assist a self-represented litigant during trial

The Disclosure Violation

All parties agreed that there is a duty of disclosure in trials conducted under Part I of the Provincial Offences Act, and that unrepresented accused persons must be informed of their right to disclosure. This mirrors the disclosure obligations found in criminal law under R. v. Stinchcombe.

The City of Toronto made crucial concessions: they admitted that Ul-Rashid was not adequately informed of his right to disclosure as a self-represented litigant, and that significant evidence in the form of a video recording had been lost by the time the disclosure issue was identified. Based on these concessions, the City agreed the appeal should be allowed.

The court noted that the appellant had raised Charter violations under sections 7 and 11(d) (right to a fair trial and full answer and defence), as well as violations under sections 28 and 46(2) of the Provincial Offences Act.

Key Takeaway

Self-represented defendants in Provincial Offences Act cases have a right to disclosure, and prosecutors must inform them of this right.

If you're representing yourself on a POA charge, you should immediately ask the prosecutor about disclosure. The loss of evidence due to delayed disclosure requests can be grounds for having charges dismissed entirely.