Long-Term Offender Orders

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 404-409

404 Post-trial Matters / Special Post-conviction Procedures

4.2(h) Long-Term Ofender Orders

Long-term ofender order

available

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

Yes

No

Section 753.1(2)(a)

ofence

Serious personal

injury ofence

Any other

ofence

Would it be appropriate to imprison the

oender for at least two years?2

Is there a substantial risk that the

oender will reoend?3

No

Yes

Is there a reasonable possibility of

controlling the risk in the community?4

Yes

Long-term ofender order

unavailable

No

Long-term oender orders are both like and unlike dangerous-oender orders.

Both are legal mechanisms allowing the state to exert control over an accused

for a longer period of time than would simply sentencing them for the partic-

ular oence that brings them to court. Dangerous-oender orders, however,

accomplish that goal by placing the accused in custody for an extended period

(see Chart 4.2(g), Dangerous-Oender Orders). In contrast, long-term oender

orders accomplish the goal by supervising the accused in the community for

an extended period of time after they have served an initial custodial sentence.

Section 753.1(1) of the CriminalCode, RSC 1985, c C-46 [Code] allows a court to

nd that an oender is a long-term oender if it is satised that: