The Crown alleged the respondent breached her conditional sentence by violating curfew and possessing stolen property.
At the breach hearing, the Crown relied solely on a supervisor's report that attached an unsigned police report summarizing witness statements, without including signed statements from the witnesses themselves.
The Supreme Court of Canada held that under s. 742.6(4) of the Criminal Code, the Crown may use documentary evidence to prove a breach, but the report must include signed witness statements if the supervisor lacks personal knowledge of the material facts.
Because the hearing judge had no admissible evidence to base the breach finding on, the appeal was dismissed.
