What is the standard for obtaining a production order pursuant to section 487.012 of the Criminal Code?

[47] The defendant’s counsel relied on the decision of Woodroffe v. Peel (Regional Municipality) Police [2006] O.J. No. 1175 (S.C.J.) where the court examined the standard of the information to obtain a production order pursuant to section 487.012 of the Criminal Code. In that case the court confirmed that the provisions for the issuance of a production order under s. 487.012 were similar to those for the issuance of a search warrant under s. 487 namely that the information must establish reasonable grounds to believe that an offence has been or is suspected to have been committed and that the documents or data, (in the case of a production order), or anything described in s. 487(1)(a), (b), or (c), (in the case of a search warrant), will afford evidence respecting the commission of an offence. The court states at paras. 37 to 41: 37 There is a dearth of jurisprudence in relation to the interpretation and application of the provisions of s. 487.012. However, as it is housed in the same section of the Criminal Code as the provisions applicable to search warrants, I agree with counsel that some assistance may be obtained from decisions involving the issuance of search warrants. In a recently released decision, Glithero J. expressed a similar view. (R. v. Dunphy [2006] O.J. No. 850 at paras. 36-37). I adopt it. 38 The provisions for the issuance of a production order under s. 487.012 are similar to those for the issuance of a search warrant under s. 487. Both sections require an information to be presented to a justice or a judge under oath. 39 Both sections require that the information establish reasonable grounds to believe that an offence has been or is suspected to have been committed and that the documents or data, (in the case of a production order), or anything described in s. 487(1)(a), (b), or (c), (in the case of a search warrant), will afford evidence respecting the commission of an offence. 40 Reasonable grounds should not be equated with proof beyond a reasonable doubt or a prima facie case.5 Section 487 sets out a code of procedure which requires a demonstration of credibly based probability before the material can be seized.6 By its terms, s. 487 precludes the granting of a search warrant for the purposes of a fishing expedition or on the basis of mere suspicion.7 41 A peace officer who swears an information must personally or subjectively believe in the accuracy and credibility of the grounds for belief. Lawful issuance of a search warrant also requires that the peace officer establish objectively that reasonable grounds in fact exist. The question that must be asked is: Would a reasonable person, standing in the shoes of the peace officer, have believed that the facts probably existed as asserted and have drawn the inferences therefrom submitted by the peace officer?8 There is no apparent reason why the issuance of a production order should not be held to the same standards established for the issuance of a search warrant.