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Habitual Offender Provision
Canada introduced the Habitual Offender Provision in 1947. This addition to the criminal code was designed to detain prisoners whose criminal records indicate that they were likely to threaten society if they were free. -
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Canada's Dangerous Offender Legislation History
This timespan outlines 10 major points of the history of the Dangerous Offender Legislation from its introduction in 1947 to its current state in 2012. -
Criminal Sexual Psychopath
In 1948, changes were made to the legislation to designate sexual offenders so that they could be treated by mental health professionals. Now if a criminal has committed a sexual offense, he/she will be interviewed by two psychiatrists. The two psychiatrists will then determine whether the offender deserves to be labelled as "dangerous." -
Dangerous Sexual Offenders
In 1960, the dangerous sexual offender act replaced the criminal sexual psychopath act because the 1948 legislation was too vague in its designations. The 1960 added specific criteria for determining "dangerousness" such as the circumstances that the offences were committed under and the offenders' criminal records. -
Canadian Committee on Corrections (Ouimet Report)
The Ouimet Report states that under the Habitual Offender Act in 1947 many violent criminals were not given the proper designation as "dangerous", whereas other petty criminals were given indefinite sentences because they were nuisances rather than threats.
*led to the revisions made in 1977 -
Bill C-51
This act repealed both the Habitual Offender Act and the Sexual Offender Act. Bill C-51 listed criteria to convict those who have committed sexual or nonsexual offenses. The labelling of "dangerous" was now to be made after conviction but before sentencing. -
Robert Noyes - Criminal Offender
In 1985, Robert Noyes, a former school principal, was convicted of sexually assualty children between the ages of 6-15 (31 charges against 19 school children). He was diagnosed a homosexual pedophile, and given a permanent detainment sentence in 1986. During his trial, experts testified that Robert Noyles could never be cured of his impulsive behaviour to molest young children. -
Trevor Peters - Dangerous Offender
Trevor Peters plead guilty to second degree murder, four counts of sexual assualt and one attempted murder. One of his crimes included the stabbing of a women and having intercourse with her dead body. He is considered a sexual psychopath and given a indefinted sentence in 1992. -
Bill C-55
This act was enacted to add more criteria to the legislation to help convict the most serious of offenders: only one psychiatrist's testimony is required at a dangerousness trial, waiting time for parole extended to seven years and dangerous offenders are no longer eligible for determinate sentencing.The Bill also introduced the Long Term Offender: receive determinate sentences up to ten years to reduce risk of re-offenses. -
Bill C-27
This bill reduces the criteria required for one to be labelled as "dangerous". C-27 also deals with those who have sex with persons under the age of fourteen and those who subject themselves to personal injury. This bill does not alter most long term offender rules, but does alter the assessment in which "dangerous" and long term offenders are designated. -
Bill C-2
Perhaps the most significant change made by this bill was the shifting of onus from the crown to the offender; in other words, the offender had to prove that he is not "dangerous". This bill was designed to increase the number of people labelled "dangerous" and keep them behind bars for a longer period of time. -
Current Criteria for Dangerous Offender
To be declared a dangerous offender, one of the following conditions must be met:
-pattern of aggressive behaviour (unlikely to change)
-indifferent to consequences of behaviour
-committed such a brutal offense that future behaviour is likely to be abnormal
-sexual impulses that will cause injury/pain to others
