What remedies are available to recall an officer for failing to remove a label/sticker from a vehicle?
Ontario, Canada
The following excerpt is from R. v. Hartlieb, 2018 ONCJ 810 (CanLII):
21. Given the two remedies typically applied by the courts, that is to: recall the officer or simply give the appropriate weight to the officer’s evidence, the court, when looking at where we are in the trial proper, that the objection has been appropriately made and that the officer is available to be re-examined based on the evidence adduced by the defendant with regard to the label/sticker that according to the officer could not be removed from a vehicle but was removed from the defendant’s vehicle, finds that the test when applying the rule in Browne v. Dunn has been met. DISPOSITION
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