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Legistlation introduced
Dangerous Offenders Legislation first introduced in canada also known as 'The habitual Offender Provision'. To be considered a ‘habitual offender’, the offender had to have been convicted of 3+ indictable offences and had to be leading a persistent criminal lifestyle. -
Second legislation introduced
A second piece of legislation known as the “ Sexual psychopath act” was passed to ensure that dangerous sexual offenders would be identified and treated by mental health professionals. This legislation was imposed on individuals who were convicted of attemped or actual assault, rape, carnal knowledge, buggery, beastiality, or gross indecency. -
Dangerous Sexual Offenders Act
Replacing the prior legislation, an individual could be deemed a dangerous sexual offender after one conviction, but must appear highly dangerous based on the circumstances as well as their criminal history. The ‘criminal sexual psychopathy’ wording was problematic, this was changed into ‘dangerous offenders’. -
re-drafting with the passage C-51
section XXIV (contained dangerous offenders provisions.) “individual could be deemed a dangerous offender for ‘serious personal injury offences, either sexual or non-sexual in nature” the designation "dangerous offender" replaced both "habitual offender" and "dangerous sexual offender." -
The Case of Marlene Moore
The case of Marlene Moore, who was branded as Canada's first female dangerous offender, made the courts dispute and dicuss what conditions made an individual qualified as a dangerous offender. -
the Criminal Justice Act
Extended sentencing, provided a statutory description of how to construe whether an offence was violent or not -
NFS
national Flagging system was established to track high-risk violent offenders (individuals who may be candidates for dangerous offender or long term offender applications). -
Bill C-55
makes the dangerous offender provision more efficient, and strengthens the measures used for dealing with these types of offenders. Also introduced the ‘long term offender’ definition. [changing parole period from 3 years to 7 years, requiring one expert to give evidence at a DO’s application (required 2 before)] -
The Criminal Justice Act of 2003
This Act introduces a new range of sentencing
provisions for violent and sexual offenders, with which forensic mental health professionals, especially expert witnesses, need to be familiar, characterised as a major shift towards indeterminate sentencing, emphasis on public protection...It makes extensive changes not only to the law of sentencing, but also to that of procedure and evidence. -
Bill C-27
[Dangerous offenders and recognizance to keep the peace]
represents significant and aggressive reforms to the Criminal Code of Canada in order to better manage and control Dangerous Offenders
'an offender found guilty of a third conviction of a designated violent or sexual offence must prove that he or she does not qualify as a dangerous offender'. -
Sentencing
Sentencing of dangerous offenders has been transformed by the amendments of the Criminal Justice and Immigration Act 2008...increase the requirement for psychiatric evidence -
Bill C-2
(Tackling Violent Crime act) Aims to better protect the public by declaring more offenders as ‘dangerous’, and keeping them behind bars longer, shifted the onus onto the offender (It’s the offender’s job to prove they’re not dangerous rather than the crown attorney proving that they’re dangerous -
Stanley Tippet
Convicted in 2008 of sexually assaulting a 12-year old girl, Toronto, had the onus of proving he was not dangerous. Was branded as a Dangerous offender. -
The increase of dangerous offenders
331 individuals are labelled as dangerous offenders, mainly men but 40 % of these offenders are Aboriginals. -
Joseph Davis
Case of Joseph Davis-- The crown lost the battle against Joseph Davis due to a rare dangerous offender legislation. Davis has racked up 86 prior convictions over the past 20 years while spending time in almost every Canadian province and branded a long term offender. His past offences include multiple robberies, frauds and sexual assaults and he was likely to reoffend. Citizens are calling out the courts due to the lack of justice and protection.
