Following convictions for child pornography offences, the Crown sought a dangerous offender assessment and obtained the offender's correctional records.
The offender brought an application for a stay of proceedings, arguing the Crown breached its section 7 Charter obligations by failing to disclose these records prior to trial.
The court found a technical breach of the disclosure obligation because the records contained mental health diagnoses that were not clearly irrelevant to the trial.
However, the application was dismissed because the non-disclosure did not impact the offender's right to make full answer and defence, as the records only related to the voluntariness of a statement the Crown did not adduce at trial.
