The applicant, an international student, pleaded guilty to assaulting his intimate partner and was granted a conditional discharge with 12 months of probation.
The probation order included a boundary condition prohibiting him from being within 100 meters of the victim, who attended the same college.
The applicant brought an application to vary the boundary condition to allow him to attend classes, arguing a change in circumstances as the victim refused to provide written consent for contact.
The court found a change in circumstances but dismissed the application, holding that the boundary condition under s. 732.1(2)(a.1) of the Criminal Code is a compulsory condition, and the court only has jurisdiction to vary optional conditions under s. 732.2(3).
