The Attorney General appealed an order requiring the production of an entire Crown brief from an ongoing criminal prosecution for use in a pending child protection case.
The motion judge had ordered broad disclosure because the Crown's Wagg Unit requested an indefinite adjournment to review the brief, which would have delayed the child protection trial.
On appeal, the parties reached a consent resolution requiring immediate production of the child's video statement and other witness statements, while giving the Crown 30 days to screen the remainder of the brief.
The Divisional Court approved the resolution and emphasized that a 24-week delay for Wagg vetting is unacceptable in child protection cases, which must be prioritized.