R. v. Patrick Fox; Court of Appeal No. CA48145 [Patrick Fox; David Layton (BCPS)]

With respect to my request to have page 28, lines 17-19 of the transcript corrected, that is clearly my mistake and I apologize.

In my 2022-09-08 letter I requested you provide me a copy of the transcripts from the JIR hearings in my current matter (244069-10-bc) because the trial Crown had not yet provided them to me. However, on 2022-09-09 I received them from Mr. Poll, so please disregard that request.

I was recently reviewing the transcript of my testimony in 244069-5-bc, and I noticed while cross-examining me Bernie Wolfe stated to the court:

"I gave formal document notice to Mr. Fox by way of letter...that Crown would seek to...tender a certified true copy of the oral ruling of...Justice Holmes..."

2020-03-06 TR p102l15-20

Can I take that to mean the Crown is required to provide the defense formal notice of it's intention to offer, at trial, official documents such as court rulings/judgments, transcripts, et cetera? In particular, was Johnson required to provide me notice of his intention to rely on the documents he used in his cross-examination of me (namely the 2021-08-10 RFJ of Justice Fitch, and the transcript of the sentencing in 244069-6-B)?

This is actually one of the grounds that I was going to leave out of the factum due to space (30 page) limitations, because I was under the impression it would be a disclosure issue and, based on that, I thought the argument was not be very strong. But if there was a requirement to provide me formal notice, than that would make the argument stronger and maybe I should include it.

May you please provide me R. v. Docherty, [1989] 2 S.C.R. 941? Which I understand deals with the Crown's requirement to prove subjective mens rea in breach of probation cases. Thanks.