-
Introduction of the Habitual Offender
What would later become the Dangerous Offender designation first started out as the Habitual Offender designation. This designation mostly dealt with offenders possessing lengthy criminal records and essentially served to remove them from society. Canada's legislation based this designation on British provisions that targeted "persistent dangerous criminals engaged in the more serious forms of crime" which was introduced in 1904. -
Criminal Sexual Psychopath Act
The enactment of the Criminal Sexual Psychopath Act in 1948 allowed indeterminate sentences to be imposed on "sexual psychopaths". This legislation was imposed on individuals who were convicted of attempted or actual assault, rape, carnal knowledge, buggery, beastiality, or gross indecency -
Dangerous Sexual Offender Act
The Criminal Sexual Psychopath Act was replaced by the Dangerous Sexual Offender Act because it was deemed flawed and too vague. The Dangerous Sexual Offender Act set out specific criteria for determining dangerousness including the offender’s criminal record and the circumstances of the current offense. Only one conviction for a designated sexual offence was necessary for a finding of dangerousness. -
The Release of the Ouimet Report
The Canadian Committee on Corrections released the Ouimet Report, which expressed concern that while the lowest-risk offenders were being released on parole, the highest-risk offenders were, after spending more time in jail, being released free and clear of any supervision. -
The Aftermath of the Ouimet Report
The Ouimet Report caused an enactment of a new part of the Criminal Code, section XXIV. This section contained the Dangerous Offender Provisions. An individual could be deemed a dangerous offender for “serious personal injury offences”, either sexual or non-sexual in nature. -
Addition of the Corrections and Conditional Release Act
The introduction of this Act meant changes to the management of offenders while incarcerated and to the time and manner in which they are released. One change is that judges may now set parole eligibility at one half of the sentence for certain offenders convicted of certain types of offences. There were also additions to the list of offences for which the judge can set release eligibility and for which the National Parole Board can detain offenders to warrant expiry. -
Changes galore!
Bill C-55 made many changes to the dangerous offender legislation. The Act required the testimony of only one psychiatrist (rather than two) at a dangerousness hearing, created a "long-term offender" designation that targets sex offenders and allows for a period of community supervision of up to ten years following the release of the long-term offender from custody, and increased the time that a dangerous offender must serve in prison before he is eligible for parole. -
Longer Lock Up
Bill C-2 is also known as the Tackling Violent Crime Act. The bill aims to protect the public better by declaring more offenders as ‘dangerous’, and keeping them in jail for longer periods of time. The presumption established by the bill is that an individual who has been convicted of three serious crimes that are subject to a minimum sentence of 2 years is to be considered a dangerous offender.
