Jeffrey Jay Chapnick

Terrence Noftall, convicted of multiple sexual and child pornography offences, challenged the validity of production orders obtained by the Crown for psychiatric, psychological, medical, and employment records.

These records were sought in preparation for a potential dangerous offender application.

The defence argued that the production orders lacked statutory authority under s. 487.014 of the Criminal Code, as a dangerous offender application had not yet commenced, and that the disclosure of MCSCS records via a Memorandum of Understanding violated privacy rights.

The court dismissed the defence's application, ruling that s. 487.014 applies to the sentencing phase, including pre-assessment for dangerous offender applications, and that the MCSCS records were lawfully obtained under the Freedom of Information and Protection of Privacy Act.

The offender pleaded guilty to two counts of robbery and agreed that facts related to a third robbery count could be considered in sentencing.

Over four days in April 2018, the offender committed three bank robberies using note-passing methods without weapons or disguises, obtaining modest amounts of cash.

The court imposed a global sentence of six years imprisonment with concurrent sentences on the two guilty counts, applying principles of denunciation, general deterrence, and public protection while considering mitigating factors including the offender's guilty plea, addiction and mental health issues, and prospects for rehabilitation.