SENTENCING - Criminal Code offences - Breach of probation

Law360 Canada ( April 20, 2026, 9:40 AM EDT) -- Appeal by appellant from her sentence following guilty pleas to breach of probation, each involving prohibited contact with C.S. in violation of three existing probation orders. The appellant was significantly affected by autism spectrum disorder that manifested as a fixation on C.S. She argued the judge made several errors in imposing effectively a 32-month custodial sentence plus 18 months’ probation. The background included repeated breaches, including phone calls, emails, use of inmate phones, misusing a caseworker’s goodwill, and using guard phones at two institutions to contact C.S. At sentencing, the Crown emphasized the triplicate structure of the charges, proposed concurrency within triplicates but consecutiveness between breach events, and sought 36 months less credit. C.S.’s victim impact statement described constant anxiety and serious psychological harm. The defence argued that incarceration did not deter the appellant, that protective conditions set her up for failure, and that her autism reduced moral blameworthiness. The judge found her offending was driven by disability, that she lacked insight, that protection of C.S. was paramount, and that a 32-month sentence was fit. On appeal, the appellant alleged errors involving failure to pursue restorative justice, breach of a Crown agreement regarding sentence length, illegality, excessive sentence, failure to apply Kienapple, ignoring medical evidence, mischaracterizing the impact on C.S., and miscalculating presentence credit. The Crown submitted there was no reversible error and that the sentence was well within the judge’s discretion....
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