R. v. MacPherson

R. v. MacPherson

Court found it has jurisdiction under s.732.2(3) to entertain the application before the probation order commences but the mandatory statutory condition to notify address cannot be dispensed with and the applicant failed to demonstrate any material change in circumstances since the order was imposed; consequently...

Source-derived case information.

Citation
2020 NSSC 336
Parties
Crown/prosecutor: Her Majesty the Queen; Defendant/applicant: Drew MacPherson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 November 2020
Procedural Posture
Criminal — Application to Vary Probation Order / Application Under S.732.2(3) to Decrease Probation Period (decision)
Outcome
Application dismissed
Legal Topics
Probation Order Variation, Mandatory Statutory Conditions, Section 732.2(3) Criminal Code, Change of Circumstances, Confidentiality of Probationer Information
Source Language
english
Criminal Law Sentencing Probation Mental Health Law Probation Order Variation Mandatory Statutory Conditions Section 732.2(3) Criminal Code Change of Circumstances +1 more

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Parties

Her Majesty the Queen

Crown/prosecutor

Drew MacPherson

Defendant/applicant

Procedural Posture

Criminal — Application to Vary Probation Order / Application Under S.732.2(3) to Decrease Probation Period (decision)

Legal Issues

  1. 1 Whether a court may vary a probation order before it comes into force under s.732.2(3)
  2. 2 Whether mandatory statutory probation conditions (including notification of address) can be dispensed with
  3. 3 Whether there has been a material change in circumstances to justify decreasing the probation period to zero

Ratio Decidendi

Court found it has jurisdiction under s.732.2(3) to entertain the application before the probation order commences but the mandatory statutory condition to notify address cannot be dispensed with and the applicant failed to demonstrate any material change in circumstances since the order was imposed; consequently decreasing the probation period to zero was not appropriate and the application was dismissed to protect public safety and preserve rehabilitative supervision.

Court Disposition

Application dismissed

Orders

  • Application under s.732.2(3) to decrease the probation period to zero is dismissed
  • No change to the existing probation order; mandatory reporting conditions remain in force