The appellant challenged the constitutionality of the conditional sentence breach regime under s. 742.6 of the Criminal Code after a judge ordered that part of the unexpired conditional sentence be served in custody.
The Court of Appeal held that breach proceedings are part of the sentencing process, not a prosecution for a new offence, so the protections in s. 11 of the Charter do not apply.
The court further held that proof on a balance of probabilities and the statutory burden regarding reasonable excuse do not offend s. 7.
It rejected arguments concerning jurisdiction, the validity of the appellant's admission of breach, and the fitness of the resulting custodial variation.
The appeal was dismissed.
