BY THE COURT: — The Crown appeals from the order of the
Summary Conviction Appeal Court judge (the “appeal judge”),
granting the respondent’s appeal from sentence.
 On June 30, 2016, the respondent pleaded guilty to one
count of assault against his wife. There was only one entry on the
respondent’s criminal record for a dated and unrelated mischief
charge. However, a handwritten notation indicated that in 2011,
the respondent had obtained an absolute discharge for a previous
assault against his wife. No further details were provided.
 The trial judge determined that it would be inappropriate to
grant the respondent a second discharge, given that the first discharge had not deterred him from the commission of the second
domestic assault against the same victim, and imposed a suspended sentence with a 12-month probationary period.
 The appeal judge concluded that the trial judge erred in
considering the respondent’s discharge. She held that it was
inadmissible because it had been expunged from his record pursuant to s. 6.1(1)(a) of the Criminal Records Act, R.S.C. 1985,
c. C-47 (the “CRA”). The Crown was entitled to put before the
court the factual reality of the incident — the fact that this was
not the first incident — but nothing more. The appeal judge
allowed the respondent’s appeal and remitted the matter to the
Ontario Court of Justice (the “OCJ”) for sentencing.
 Leave to appeal was granted by this court on October 3, 2018.
 The Crown submits that the appeal judge erred in two
respects. First, her interpretation of s. 6.1(1)(a) is overly broad
because the CRA applies only to records maintained by the federal government, not courts or police, and does not establish an
“all-encompassing” rule governing the admissibility of evidence
on sentencing. All reliable and relevant evidence is admissible for
sentencing purposes. Second, the Crown argues that the appeal
judge had no jurisdiction to remit the matter to the OCJ for
a new sentencing hearing.
 The appeal is allowed in part for the reasons that follow.
A. The Disclosure Issue
 Section 6.1(1)(a) of the CRA provides as follows:
6.1(1) No record of a discharge under section 730 of the Criminal Code that
is in the custody of the Commissioner or of any department or agency of the
Government of Canada shall be disclosed to any person, nor shall the exist-
ence of the record or the fact of the discharge be disclosed to any person,
without the prior approval of the Minister, if
(a) more than one year has elapsed since the offender was discharged