Court of Appeal for Ontario

Citation: R. v. Corby, 2016 ONCA 40

Date: 2016-01-15

Docket: C56852

Judges: Feldman, Hourigan and Roberts JJ.A.

Between:

Her Majesty the Queen Respondent

and

Wayne Corby Appellant

Counsel:

Wayne Corby, in person Yoni S. Rahamim, duty counsel Roger A. Pinnock, for the respondent

Heard and released orally: January 11, 2016

On appeal from the sentence imposed on March 5, 2013 by Justice D.T. Vyse of the Ontario Court of Justice, sitting without a jury.

Endorsement

[1] We see no error in the sentencing judge’s order. The sentencing judge properly exercised his discretion to order as optional conditions of the appellant’s probation under s. 732.1(3)(b) of the *Criminal Code* that the appellant remain in Ontario unless written permission to go outside Ontario is obtained from the court or his probation officer, and that he report weekly unless his probation officer directs him to report less frequently.

[2] This was not to banish the appellant from the province of British Columbia as he alleges, but to monitor the appellant and ensure that he complies with the terms of his probation. This was particularly necessary because it was due to the appellant being outside of Ontario that he committed the breach of the probation order that formed the basis for his conviction.

[3] Moreover, the appellant’s mobility rights are not unduly restricted because he can ask for permission of the court or his probation officer to leave the jurisdiction.

[4] Further, if within the six weeks left on the order, the appellant wishes to do so, he can seek a variation of the weekly reporting condition from the court or from his probation officer.

[5] For these reasons, the appeal is dismissed.

"K. Feldman J.A."

"C.W. Hourigan J.A."

"L.B. Roberts J.A."