Dangerous-Offender Orders

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 396-403

396 Post-trial Matters / Special Post-conviction Procedures

4.2(g) Dangerous-Ofender Orders

Of what kind of oence has the oender been convicted?1

YesNo

Dangerous oender order unavailable

Court shall make

dangerous oender

order

The court may still find that the oender is a long-term oender4

Serious personal

injury oence

(second sense)

Serious personal

injury oence (first

sense)

Any other oence

Is the oender

an ongoing threat

to the life, safety,

or well-being of

others?2

Is the oender likely

to cause harm to

others through failure

to control sexual

impulses?3

Yes No

Section 753(1) of the Criminal Code, RSC 1985, c C-46 [Code] allows courts to

nd that people convicted of certain oences are dangerous oenders if, giv-

en the nature of their previous behaviour, they are ongoing threats to public

safety. Before 2008, the automatic eect of designating someone a dangerous

oender was that they would be sent to prison for an indeterminate period.

In 2008, however, the Code was amended to add the current s 753(4), which

allows for alternate dispositions; namely, subjecting oenders to long-term

community supervision after they serve a penitentiary term of at least two

years, or imposing any sentence on them at all: Bill C-2, Tackling Violent Crime

Act, 2nd Sess, 39th Parl, 2008 (assented to 28 February 2008), SC 2008, c 6.