The Canadian criminal justice system prioritizes public safety. For repeat offenders who have been convicted of serious violent or sexual crimes, a designation as a “dangerous offender” can be sought by the Crown. This designation carries the most severe potential sentence in Canada – indefinite imprisonment.

This blog post delves into the complexities of dangerous offender applications by exploring the legal framework, the high bar for designation, potential defences, and the importance of legal representation.

The Legislative Landscape Under the Criminal Code of Canada

The Canadian Criminal Code provides that courts can impose an indefinite sentence on an offender who has been convicted of a serious offence. In other words, individuals who have been convicted of a designated offence, such as murder, attempted murder, sexual assault and/or aggravated assault, run the risk of being labelled a dangerous offender. Section 752 of the Criminal Code further defines what constitutes a “designated offence” and “serious personal injury offences.”

The rationale behind designating individuals as dangerous offenders is to aid public safety through the detention of such individuals. Section 761(1) of the Criminal Code indicates that the case of a person who has been designated as a dangerous offender must be reviewed after seven years by the Parole Board of Canada to determine whether the designation is still necessary, with subsequent reviews to be conducted at two-year intervals.

Being Designated as a Dangerous Offender

After a person has been convicted of three “serious personal injury offences”, the Crown may apply to have the individual designated as a dangerous offender. If this designation is received, the court must sentence them to indefinite detention, which is the harshest penalty available under Canadian criminal law. However, if the defence raises sufficient evidence, a lesser punishment may adequately protect the public without the need to designate the individual as a dangerous offender.

The Process for Obtaining Designation

Section 753(1) of the Criminal Code outlines the framework pertaining to dangerous offender applications. Once an assessment report has been filed, pursuant to section 752.1(2), the court may determine that an individual is a dangerous offender if the necessary criteria is satisfied. This requires the court to find that the offence in question resulted in a “serious personal injury” (as defined in section 752) and the offender poses a threat to the life, physical or mental well-being of others. As such, evidence must be provided to establish a pattern of persistent or aggressive behaviour by the offender, or other “brutal” behaviour that is likely to “compel the conclusion that the offender’s behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint.”

An application must be made before a sentence is imposed on the offender; however, certain exceptions may be made. Section 752.1(1) also provides that an application may be made after a sentence has been imposed or after an offender begins serving the sentence under certain conditions outlined under paragraphs (2)(a) and (b).

Nevertheless, the defence can successfully dispute a dangerous offender application. To do so, the defence must prove that the individual does not meet the criteria for the designation.

Dangerous Offender Application Outcomes

There are heightened penalties available to the sentencing court if an offender is deemed to be a dangerous offender.

Designated as a Dangerous Offender

If a court determines that an offender should be designated as a dangerous offender, it may:

  • Impose a sentence of imprisonment for an indefinite period,
  • Impose a sentence for the offence the offender was convicted of, or
  • Order the offender to be under long-term supervision for a period of up to 10 years.

If an application is made after the offender starts serving their sentence, the sentence imposed subsequent to the application will replace the initial sentence that was set for the offence the offender was convicted of.

If an individual is labelled as a dangerous offender, while the defence may convince the court to impose a lesser sentence, the individual will still face serious consequences under such a designation. Beyond facing a lengthy sentence, the individual will be labelled as a dangerous offender throughout their lifetime, making it easier for them to face severe consequences for minor actions, such as breaching a probation order, as the Crown may seek to have the offender detained indefinitely.

Not Found to be a Dangerous Offender

However, if an offender is not found to be considered a dangerous offender, pursuant to section 753.1(5):

  1. the court may treat the application as an application to find the offender to be a long-term offender, section 753.1 applies to the application and the court may either find that the offender is a long-term offender or hold another hearing for that purpose; or
  2. the court may impose sentence for the offence for which the offender has been convicted.

Key Takeaways Regarding Dangerous Offender Applications

Given the severe potential consequences that accompany dangerous offender applications, they must be strongly opposed. If you are facing the possibility of being designated as a dangerous offender, it is crucial to seek skilled legal representation as soon as possible. Your lawyer will help you fiercely defend against such applications and protect your rights throughout the process. They may also work with a network of professionals and experts to obtain evidence to argue that a dangerous offender designation is unnecessary.

Contact the Toronto Criminal Defence Lawyers at Hicks Adams for Trusted Advice on Dangerous Offender Applications

The experienced criminal defence lawyers at Hicks Adams represent clients facing a variety of criminal offence charges, including robbery, theft, fraud, and murder. If you are at risk of being labelled as a dangerous offender, it is important to seek legal advice as soon as possible. Let our skilled lawyers prepare a strong defence against a potential dangerous offender designation. To speak with a member of our team, contact us by phone at 975-1700 (toll-free at 1-877-975-1700) or reach out to us online.