Crown appeal of a 2-year conditional sentence order after accused pleaded guilty to breach of trust by a public officer under s 122 CC. Accused was an RCMP officer who had improperly accessed confidential police databases.

Held: Appeal dismissed.

β€œThe appellant says there is a sentencing principle that for breach of public trust by a police officer incarceration is the appropriate sentence, absent exceptional circumstances. No such principle was advanced in argument before the sentencing judge….We discern no such principle in this jurisdiction. Indeed, it is well established that there is no presumption against the imposition of a conditional sentence for offences which would otherwise qualify. As the Supreme Court has stated: ‘it would be both unwise and unnecessary to establish judicially created presumptions that conditional sentences are inappropriate for specific offences’: R v Proulx, 2000 SCC 5.”

D. Song – Defence Counsel