Dangerous Offender Lawyer in Canada

What Dangerous Offender Applications involve in Canadian criminal procedure

The legal test

• A conviction for a serious personal injury offence as defined in section 752
• Consent of the Attorney General to the application
• An assessment report under section 752.1 by a qualified expert
• A pattern of repetitive or persistent aggressive behaviour, or a failure to control sexual impulses, as set out in section 753(1)
• Whether a lesser measure under section 753(4) can adequately protect the public

Possible outcomes

• An indeterminate sentence with parole review by the Parole Board after seven years and every two years thereafter
• Designation as a long-term offender with supervision for up to ten years after the custodial sentence
• A determinate sentence at the high end of the range
• Mandatory registration and lifetime weapons prohibition where the predicate offence requires it
• A permanent designation that affects every future correctional and parole decision

How counsel can help

• Retaining an independent forensic psychiatrist or psychologist to respond to the Crown assessment
• Challenging whether the predicate offence meets the section 752 definition
• Disputing the existence of the required pattern of behaviour
• Advancing evidence of treatability and program completion to support a long-term offender designation instead
• Relying on section 753(4) to argue that a determinate sentence with supervision adequately protects the public
• Where applicable, presenting Gladue factors and their bearing on risk and treatability

Dangerous offender lawyer: frequently asked questions

What is the difference between a dangerous offender and a long-term offender?

A dangerous offender designation can lead to an indeterminate sentence with no fixed release date. A long-term offender receives a determinate sentence followed by community supervision of up to ten years. Section 753(4) requires the court to consider the long-term offender option before imposing an indeterminate sentence.

Does a dangerous offender ever get released?

Release is possible but not automatic. The Parole Board of Canada must review an indeterminate sentence seven years after the offender was taken into custody and at least every two years afterward. Release depends on the Board being satisfied that risk can be managed in the community.

Can I refuse the psychiatric assessment?

An assessment order under section 752.1 is a court order and the offender must attend. What the offender says during the assessment is a different question, and counsel should be consulted before the assessment begins about the scope of participation and the use that can be made of statements.