Following the accused's conviction for armed robbery, assault with a weapon, and breach of probation, the Crown obtained a production order under s. 487.012 of the Criminal Code to obtain records from the Windsor-Essex Children's Aid Society for use in a sentencing hearing and dangerous offender application.
The accused challenged the production order on grounds that it was invalid and violated s. 8 of the Charter.
The court ruled that the production order was valid and that the sealed records were relevant to sentencing and the dangerous offender proceeding.
The court ordered the records unsealed and made available to the Crown, subject to later rulings on admissibility as documentary evidence.
