R v Patchinose, 2023 MBCA 58

Citation: R v Patchinose, 2023 MBCA 58 Date: 20230626 Docket: AR23-30-09908 IN THE COURT OF APPEAL OF MANITOBA Coram: Chief Justice Marianne Rivoalen Mr. Justice Christopher J. Mainella Madam Justice Jennifer A. Pfuetzner BETWEEN : ) G. B. Hawrysh his majesty the king ) for the Appellant ) Respondent ) D.

Sahulka ) for the Respondent ) - and - ) Appeal under r 37.3 of the ) MB, Court of Appeal Rules ) nolene anna patchinose ) Joint written submissions filed: ) June 6, 2023 (Accused) Appellant ) ) Judgment delivered: ) June 26, 2023 RIVOALEN cjm (for the Court) : [ 1 ] The accused seeks leave to appeal and, if granted, appeals the sentence imposed following a guilty plea to one count of aggravated assault. The appeal relates only to one of the conditions of the probation order pronounced by the sentencing judge on February 22, 2023.

That condition requires the appellant to “take all medications prescribed by any medical practitioner”. [ 2 ] On appeal, the accused seeks the intervention of this Court to delete the condition as this Court has previously found such a condition to be illegal (see R v L (JJ) , 2001 MBCA 21 at paras 3-6 ).

The Crown agrees with the accused’s submissions. [ 3 ] The parties consent to this appeal proceeding in writing, without an oral hearing. [ 4 ] We are all of the view that the interests of justice require that the condition that the accused “take all medications prescribed by any medical practitioner” be deleted from her probation order as it contravenes

section 7 of the Canadian Charter of Rights and Freedoms , as was explained in L (JJ) . [ 5 ] Accordingly, leave to appeal the sentence is granted and the appeal is allowed. The probation order shall be varied by deleting the condition that the accused “take all medications prescribed by any medical practitioner”. All other terms of the sentence and probation order remain unchanged. CJM JA

JA