Long-Term and Dangerous Offender Designation: Difference between revisions

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Part XXIV of the Code, between s. 752 and 761, creates a regime to designate certain offenders as either "long-term offenders" (LTO) or "dangerous offenders" (DO). These offenders will be subject to either a long-term offender supervision order, in the case of an LTO, or an order of indeterminate detention, in the case of the DO.   
Part XXIV of the Code, between s. 752 and 761, creates a regime to designate certain offenders as either "long-term offenders" (LTO) or "dangerous offenders" (DO). These offenders will be subject to either a long-term offender supervision order, in the case of an LTO, or an order of indeterminate detention, in the case of the DO.   
A DO order is a "preventative sentence ... in its clearest and most extreme form".<ref>
R v Boutilier, 2017 SCC 64 at para. 33{{fix}}<br>
R v Sipos, 2014 SCC 47, [2014] 2 S.C.R. 423 (S.C.C.), at para. 19{{fix}}<br>
</ref>
; Purpose
The Purpose of DO orders is not punitive and not rehabilitative. It is first and foremost for the purpose of segregating the offender from society.<ref>
{{supra1|Boutilier}}{{At||33}}{{fix}}
</ref>
It applies to those offenders where segregation is a "rational means" of achieving public safety.<Ref>
{{supra1|Boutilier}}{{At||33}}{{fix}}
</ref>


{{Reflist|2}}
{{Reflist|2}}


===History===
===History===
The provisions of the Criminal Code regarding indefinite detention arose from the 1938 Archambault Report that recommended implementing a regime that separated dangerous offenders from society. In 1947 the first amendments were made creating a indefinite detention order for "habitual criminals".<ref>
The provisions of the Criminal Code regarding indefinite detention arose from the 1938 Archambault Report that recommended implementing a regime that separated dangerous offenders from society. In 1947 the first amendments were made creating an indefinite detention order for "habitual criminals".<ref>
''R v Ipeelee'', [http://canlii.ca/t/fqq00 2012 SCC 13] (CanLII){{perSCC|LeBel J}}{{atsL|fqq00|40| to 45}}
{{CanLIIR|peelee|fqq00|2012 SCC 13 (CanLII)}}{{perSCC|LeBel J}}{{atsL|fqq00|40| to 45}}
</ref>
</ref>


The first amendment to the Criminal Code introducing the dangerous offender regime was in 1977.<ref>
The first amendment to the Criminal Code introducing the dangerous offender regime was in 1977.<ref>
''R v Boutilier'', [http://canlii.ca/t/grx23 2016 BCCA 235] (CanLII){{perBCCA|D Smith JA}}{{atL|grx23|24}}<br>
{{CanLIIR|Boutilier|grx23|2016 BCCA 235 (CanLII)}}{{perBCCA|D Smith JA}}{{atL|grx23|24}}<br>
</ref>  
</ref>  
It was later amended in 1997 and the in 2008 with the Tackling Violent Crime Act (SC 2008, c. 6).<ref>
It was later amended in 1997 and the in 2008 with the Tackling Violent Crime Act (SC 2008, c. 6).<ref>

Revision as of 13:50, 19 January 2021

Introduction

See also: List of Dangerous Offender Designated Offences

Part XXIV of the Code, between s. 752 and 761, creates a regime to designate certain offenders as either "long-term offenders" (LTO) or "dangerous offenders" (DO). These offenders will be subject to either a long-term offender supervision order, in the case of an LTO, or an order of indeterminate detention, in the case of the DO.

A DO order is a "preventative sentence ... in its clearest and most extreme form".[1]

Purpose

The Purpose of DO orders is not punitive and not rehabilitative. It is first and foremost for the purpose of segregating the offender from society.[2] It applies to those offenders where segregation is a "rational means" of achieving public safety.[3]

  1. ↑ R v Boutilier, 2017 SCC 64 at para. 33(complete citation pending)
    R v Sipos, 2014 SCC 47, [2014] 2 S.C.R. 423 (S.C.C.), at para. 19(complete citation pending)
  2. ↑ Boutilier, supra, at para (complete citation pending)
  3. ↑ Boutilier, supra, at para (complete citation pending)

History

The provisions of the Criminal Code regarding indefinite detention arose from the 1938 Archambault Report that recommended implementing a regime that separated dangerous offenders from society. In 1947 the first amendments were made creating an indefinite detention order for "habitual criminals".[1]

The first amendment to the Criminal Code introducing the dangerous offender regime was in 1977.[2] It was later amended in 1997 and the in 2008 with the Tackling Violent Crime Act (SC 2008, c. 6).[3]

  1. ↑ R v peelee, 2012 SCC 13 (CanLII), per LeBel J, at paras 40 to 45
  2. ↑ R v Boutilier, 2016 BCCA 235 (CanLII), per D Smith JA, at para 24
  3. ↑ Boutilier, ibid., at para 23
    see List of Criminal Code Amendments

Topics

Digests

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