The Electrical Safety Authority sought a pre-sentencing order compelling the defendant to produce personal and business financial documents to assist in determining an appropriate fine.
The defendant had been convicted of operating an electrical contracting business without a valid license under the Electricity Act, 1998.
The court held that while a sentencing court has implied jurisdiction under s. 57(3) of the Provincial Offences Act to compel production of financial documents in exceptional circumstances, the prosecution failed to establish such exceptional circumstances in this case.
The application was dismissed as premature.