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The Court of Appeal for British Columbia varied two probation conditions in a youth sentencing appeal: one about residence rules and one about treatment consent.
The Federal Court upheld Condition 3 in a CSIS cyber-threat warrant as lawful and found paragraph 5(b) was not an unlawful delegation in that context.
The appeal is allowed and the Orders under Appeal are set aside because the motion judge decided custody on an inadequate, one-sided evidentiary basis, denied procedural fairness, improperly delegated a judicial access determination to the respondent, and made unsupported support and imputed income findings; the Motion to Vary is to be reheard before a different judge and the respondent's child support obligations under the Consent Order are suspended pending further order.
Source excerpt
The court dismissed a summary conviction appeal, holding that the challenge to an earlier driving prohibition was an impermissible collateral attack.
On a voir dire, the court held that paragraphs (h) and (i) of wiretap authorization P48/99 were invalid because they left the police to तय determine reasonable grounds for unknown persons.
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