Long-Term and Dangerous Offender Designation

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Introduction

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".

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. It applies to those offenders where segregation is a "rational means" of achieving public safety.

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".

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

Topics

• Remand Assessment for LTO/DO Applications
• Requirements for a Long Term Offender Designation
• Consequences of a Long Term Offender Designation
• Requirements for a Dangerous Offender Designation
• Consequences of a Dangerous Offender Designation
• Procedure in a LTO/DO Designation Hearing
• Appellate Review of an LTO or DO Designation

Digests

• LTO and DO Applications (Cases)