Following a civil contempt conviction and the imposition of a conditional sentence of imprisonment with probation, the court addressed allegations that the contemnor had breached the conditional sentence order.
The court considered the appropriate procedure for dealing with alleged breaches of conditional sentences imposed for civil contempt.
It held that a breach constitutes a fresh contempt that may be pursued through a motion supported by evidence under Rule 60.11 of the Rules of Civil Procedure.
While the Criminal Code conditional sentence breach framework may provide guidance for available remedies, the court held that the breach must still be proven beyond a reasonable doubt in civil contempt proceedings.
The court outlined procedural options, including a fresh contempt motion or investigation by the conditional sentence supervisor.
