The appellant appealed from a motion judge's order and warrant of committal for civil contempt, which imposed seven months of house arrest, 24 months of probation, and 300 hours of community service for breaching a conditional sentence.
The appellant argued the motion judge lacked jurisdiction and that the sentence was unduly harsh.
The Court of Appeal held that civil contempt is governed by Rule 60.11 of the Rules of Civil Procedure, and while a judge may use s. 742 of the Criminal Code for guidance, they are not constrained by it.
The Court upheld the extension of the conditional sentence but set aside the 300 hours of community service as unreasonable.
