Product Description

This new publication is a comprehensive, yet accessible, overview of dangerous offender law in Canada. Written by three experts in the field, including defence counsel and intervenor from the landmark R. v. Boutilier case at the Supreme Court of Canada, Dangerous Offender Law presents criminal justice participants and the Canadian public with a long overdue guide to understanding the complex sentencing regime set out in Part XXIV of Canada’s Criminal Code.

To provide a complete picture of this multifaceted topic, the authors have included the key case law relevant to each section, as well as insightful commentary. The result is a systematic and up-to-date review of the dangerous and long-term offender regimes in Canada, provided by counsel with a wealth of experience and expertise.

Dangerous Offender Law is a useful manual – and valuable reference book – for all criminal justice participants, from judges, lawyers and law students, to risk assessors (usually psychologists or psychiatrists), to law enforcement, corrections and parole personnel, to complainants and witnesses, to offenders themselves. Generally, anyone involved or interested in this specialized area of Canadian criminal law will find this volume to be an illuminating and insightful resource.

 Table of Contents

 Introduction
 
 The current (post-2008) regime
 
 Chapter 1: Interpretation
 [1] Court
 [2] Designated offence
 [3] Long-term supervision
 [4] Primary designated offences
 [5] Serious personal injury offences
 
 Chapter 2: Application for remand for assessment
 [1] The prosecutor’s duty
 [2] Application for assessment
 [3] The assessment report
 [4] Extension of time
 
 Chapter 3: Designation as dangerous offender
 [1] Designation
 [2] Presumption
 [3] Timing
 [4] Delayed application
 
 Chapter 4: Sentencing dangerous offenders
 [1] Sentencing options
 [2] Indeterminate sentence
 [3] Application made after regular sentencing
 [4] Where offender not dangerous
 
 Chapter 5: Reassessment upon later conviction
 [1] Reassessment
 [2] Use of victim evidence
 
 Chapter 6: Long-term offenders
 [1] Application
 [2] Presumption of substantial risk (Subsection 753.1(2))
 [3] Sentence for a long-term offender
 [4] Exception
 [5] Where not a long-term offender
 
 Chapter 7: Long-term supervision
 [1] Supervision in the community
 
 Chapter 8: Breaches of LTSO
 [1] Non-compliance
 [2] Trial and punishment
 [3] Interruption of long-term supervision
 [4] Reduction in term
 
 Chapter 9: The hearing
 [1] Conditions precedent
 [2] Length of LTSO
 [3] Character evidence
 [4] Presence of accused
 
 Chapter 10: Appeals
 
 Chapter 11: Post-hearing matters
 [1] Disclosure to CSC
 [2] Parole Board review
 [3] Older cases
 
 Appendices