Dangerous-Offender Orders

AuthorSteve Coughlan/Alex Gorlewski
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
Dangerous oender order unavailable
Court shall make
dangerous oender
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
Any other oence
Is the oender
an ongoing threat
to the life, safety,
or well-being of
Is the oender likely
to cause harm to
others through failure
to control sexual
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.

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