The Investigation, Prosecution and Correctional Management of High-Risk Offenders: A National Guide

The Investigation, Prosecution and Correctional Management of High-Risk Offenders: A National Guide
The Investigation, Prosecution and
Correctional Management of High-Risk
Offenders: A National Guide
December 2009
© Her Majesty the Queen in Right of Canada, 2010
Cat. No.: PS4-88/2010E-PDF
ISBN: 978-1-100-16402-1
Printed in Canada
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Public Safety Canada will update the electronic version of the Guide, as
necessary, to take account of legislative reforms and emerging case law. In
addition, from time to time, provincial and territorial authorities will be
updating the contact and other information in Appendix A.
Table of Contents
Preface....................................................................................................... v
1
Introduction ....................................................................................... 1
1.1 Purpose ............................................................................................. 1
1.2 Background ....................................................................................... 1
1.2.1
1.2.2
1.2.3
The Original High-risk Offender Scheme ................................................ 2
The Current Scheme ............................................................................... 2
Some Numbers ....................................................................................... 6
1.3 Highlights .......................................................................................... 7
1.3.1
1.3.2
1.3.3
2
Dangerous Offender Laws ...................................................................... 7
Long-term Offenders ............................................................................ 10
Peace bonds ......................................................................................... 11
Dangerous Offender Designations..................................................... 14
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.1.6
2.1.7
2.1.8
2.1.9
2.1.10
2.1.11
2.1.12
2.1.13
2.1.14
2.1.15
2.1.16
2.1.17
2.1.18
2.1.19
2.1.20
2.1.21
2.1.22
What is a dangerous offender designation? ........................................ 14
What are the statutory criteria that define dangerousness?............... 14
How are potential dangerous offenders identified? ............................ 16
What is the prosecutor’s “duty to advise”? ......................................... 17
What role do police play in the dangerous offender process? ............ 19
What kind evidence can be used to support a dangerous offender
application?.......................................................................................... 20
How is the dangerous offender process started? ................................ 21
Who does the assessment?.................................................................. 21
How long does it take to get the assessment?..................................... 22
What is involved in an assessment?..................................................... 22
Is either the prosecution or the court bound to accept the expert’s
conclusions?......................................................................................... 24
What must happen before a dangerous offender application can be
heard? .................................................................................................. 25
What must be done to obtain the consent of the Attorney General? . 25
When is the offender presumed to meet the dangerous offender
criteria?................................................................................................ 26
What offences are “primary designated offences?” ............................ 26
What happens if the court is not satisfied that the offender meets the
presumptive criteria?........................................................................... 27
What happens if the court is satisfied that the offender meets the
presumptive criteria?........................................................................... 27
What does the prosecution have to prove at a regular dangerous
offender hearing? ................................................................................ 28
Does the prosecution have to prove that current offence was especially
serious?................................................................................................ 28
Does the court have the discretion to not make a dangerous offender
designation?......................................................................................... 29
What sentence can the court impose on a dangerous offender?........ 30
What is long-term supervision?............................................................ 31
i
2.1.23 What factors are relevant to whether there is a reasonable expectation
that a sentence other than indeterminate detention would adequately
protect the public?............................................................................... 31
2.1.24 Who bears the onus of establishing that there is reasonable expectation
that a lesser measure will adequately protect the public?.................. 34
2.1.25 What happens if an offender is not found to be dangerous offender?37
2.1.26 Are appellate remedies available in dangerous offender cases? ......... 37
2.1.27 Where do dangerous offenders sentenced to indeterminate detention
serve their sentences? ......................................................................... 37
2.1.28 Where do dangerous offenders not sentenced to indeterminate terms
serve their sentence?........................................................................... 38
2.1.29 Can dangerous offenders sentenced to indeterminate detention be
released on parole? ............................................................................. 39
2.1.30 What happens if a dangerous offender on parole breaches the release
conditions?........................................................................................... 40
2.1.31 What happens if a dangerous offender is convicted of a new offence?42
3
Long-term Offender Designation....................................................... 45
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
3.1.7
3.1.8
3.1.9
3.1.10
3.1.11
3.1.12
3.1.13
3.1.14
3.1.15
3.1.16
3.1.17
3.1.18
4
How are potential long-term offenders identified? ............................. 45
When can the prosecution launch the long-term offender process? .. 46
What are the most important steps in the beginning of long-term
offender process? ................................................................................ 46
What criteria must be met to find that someone is a long-term offender?
............................................................................................................. 46
Does the long-term offender designation apply only to sexual offenders?
............................................................................................................. 47
What factors are relevant to determining whether there is a substantial
risk to reoffend?................................................................................... 49
What factors are relevant to whether there is a reasonable possibility of
eventual control of the risk in the community? .................................. 49
Who bears the onus of establishing a reasonable possibility of eventual
control of the risk in the community? ................................................. 51
What sentence is imposed on long-term offenders? ........................... 52
Must the period of supervision be taken into account in determining the
appropriate term of imprisonment?.................................................... 52
Are appellate remedies available in long-term offender cases? .......... 54
What is long-term supervision?............................................................ 54
What conditions are placed on offenders under long-term supervision
orders?................................................................................................. 54
Can an offender under long-term supervision be placed in a residence
designed for offenders?....................................................................... 55
Can the National Parole Board impose conditions requiring the offender
to participate in treatment? ................................................................ 55
What happens when an offender breaches the conditions of a long-term
supervision order? ............................................................................... 57
What sentences are imposed for breaches of a long-term supervision
order? .................................................................................................. 58
What options are available for dealing with offenders when the period
of long-term supervision has ended? .................................................. 59
Peace Bonds ..................................................................................... 62
ii
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
4.1.7
4.1.8
4.1.9
4.1.10
4.1.11
4.1.12
4.1.13
4.1.14
What is an 810.1 order? ....................................................................... 63
What is an 810.2 order? ....................................................................... 64
Are peace bonds acceptable under the Charter?................................. 64
Who can ask the court to make an order? ........................................... 65
How is the peace bond process started? ............................................. 65
What is the police officer’s role in the process? .................................. 66
Why interview the defendant?............................................................. 67
What is the prosecutor’s role in the process?...................................... 67
What information is needed to support a request for a peace bond?. 68
What constitutes “reasonable grounds for fear”? ............................... 68
Should the court be asked to issue a warrant? .................................... 71
What conditions can be imposed under peace bonds? ....................... 72
How long do the orders last? ............................................................... 74
What happens if there is a breach of the order? ................................. 74
Appendix A:
A.1
A.2
A.3
A.4
A.5
A.6
A.7
A.8
A.9
A.10
A.11
A.12
A.13
A.14
A.15
British Columbia ................................................................................... 77
Alberta.................................................................................................. 87
Saskatchewan ....................................................................................... 91
Manitoba ............................................................................................ 100
Ontario ............................................................................................... 113
Quebec ............................................................................................... 121
New Brunswick ................................................................................... 124
Prince Edward Island .......................................................................... 128
Nova Scotia......................................................................................... 132
Newfoundland and Labrador.............................................................. 138
Nunavut .............................................................................................. 140
Northwest Territories ......................................................................... 142
Yukon.................................................................................................. 144
Correctional Service of Canada .......................................................... 146
Federal Victims Services ..................................................................... 156
Appendix B:
Appendix C:
C.1
C.2
Federal, Provincial & Territorial Resources ..................... 77
Part XXIV Criminal Code of Canada............................... 166
National Flagging System for High-Risk Offenders ........ 180
Provincial and Territorial Coordinators .............................................. 181
Federal Liaison Officials...................................................................... 185
Appendix D:
Appendix E:
Appendix F:
Sureties to Keep the Peace........................................... 186
Assessment Report - Sample Outline............................ 194
Standard Release Conditions........................................ 197
iii
Displays
Display 1:
Display 2:
Display 3:
Display 4:
The Tackling Violent Crime Act high-risk offender amendments. . 3
Criteria for designating a violent offender a dangerous offender14
Criteria for designating a sex offender a dangerous offender..... 15
Example of factors considered in deciding whether to make a
dangerous offender application. ................................................. 16
Display 5: Designated Offences, as defined in s. 752 ................................... 17
Display 6: Issues addressed in a full dangerous offender assessment report.
...................................................................................................... 22
Display 7: Primary Designated Offences, as defined in s. 752...................... 26
Display 8: Factors relevant to the determination of the issues of “reasonable
expectation of adequate protection” and “reasonable possibility
of eventual control in the community. ........................................ 32
Display 9: Post-Release Decision Process Risk Assessment Framework ...... 41
Display 10: “Substantial Risk” Offences, paragraph 753.1(2)(a) .................... 47
Display 11: Sexual Offences listed in s. 810.1................................................. 63
iv
Preface
In 2001, the department of the Solicitor General of Canada, now Public Safety
Canada, published a reference manual entitled, High-Risk Offender: A
Handbook for Criminal Justice Professionals. The Handbook provided police,
prosecutors and correctional officials with information about the dangerous
offender, long-term offender and judicial restraint (Section 810) orders. Over
time information in that publication became out-dated because of
jurisprudence including the Supreme Court of Canada’s judgment in R. v.
Johnson, [2003] SCC 46.
In 2005, the National Joint Committee of Senior Criminal Justice Officials
(Pacific Region) produced the Inter-Agency Manual on the Investigation,
Prosecution and Correctional Management of Dangerous and Long-Term
Offenders. The manual was prepared through the cooperation of a number of
British Columbia’s provincial and federal criminal justice agencies and was
intended to serve as a educational tool for officials in that province.
The Public Safety Canada, recognizing the value of work done by National Joint
Committee of Senior Criminal Justice Officials (Pacific Region) and in light of
the Criminal Code amendments that came into force in July 2008, has
undertaken to publish a similar and up-dated educational tool for criminal
justice officials across the country.
The department hopes that The Investigation, Prosecution and Correctional
Management of High-Risk Offenders: A National Guide will provide justice
officials with useful information about the law and operational issues
surrounding the use of dangerous offender, long-term offender and judicial
restraint procedures to help deal with high-risk offenders. The publication
also provides information about and contact information for key high-risk
offender resources in each province and territory.
Public Safety Canada would like to thank the National Joint Committee of
Senior Criminal Justice Officials (Pacific Region) for permission to adapt
significant portions of its 2004 Manual for inclusion in the National Guide. It is
also most appreciative of the contributions by the provincial, territorial and
federal criminal justice officials who reviewed and commented on text, as well
as contributing information for the resource appendices.
Corrections and Criminal Justice Directorate
Public Safety Canada
Ottawa, ON
v
vi
1 Introduction
1.1 Purpose
This guide has been prepared to provide police, prosecution, correctional and
other criminal justice officials with an overview of the Criminal Code provisions
designed to respond to sexual predators and other high-risk offenders. The
interventions discussed are:
Dangerous offender designations that can result in the worst
offenders being indeterminately detained or placed under long-term
supervision where a conviction for a breach could result in
indeterminate detention;
Long-term offender designations where high-risk offenders are
sentenced to two or more years imprisonment plus up to ten (10)
years of supervision that begins after both the prison sentence and
any period of parole have been served; and
Peace bonds that allow the courts to impose conditions on an
individual’s movement and activities if there is reason to believe that
the person will commit violent crimes if not restrained.
Appendix A provides information, including contact information, for police,
prosecution and correctional resources that are, or could be, relevant to
handing high-risk offender cases.
Note: This guide is not a legal opinion, nor does it provide an
exhaustive analysis of the many issues it addresses. Further, it
does not reflect case law that may have emerged after March
2009.
Individuals requiring the most current content of the statutes,
regulations and policies cited in this guide are advised to consult
an original source as all are subject to amendment and revision
over time.
1.2 Background
The primary objective of the high-risk offender provisions is to protect the
public from offenders who are likely to cause grave harm to others in the
future unless the criminal justice system does something more than impose a
regular sentence.
1
1.2.1
The Original High-risk Offender Scheme
Canada introduced its first high-risk offender laws in 1947, when Parliament
amended the Criminal Code to give the courts the authority to designate
certain repeat offenders as “habitual offenders.”1 Under those provisions,
offenders who had been convicted of three or more separate indictable
offences and who were "persistently leading a criminal life" could be found to
be habitual offenders and sentenced to indeterminate imprisonment.
In 1948, Parliament again amended the Code, this time to make provision for a
“dangerous sexual offender” designation.2 Under those provisions, the courts
could impose the designation and indeterminate imprisonment on an offender
convicted of a listed sexual offence if two psychiatrists testified that he/she
was sexually dangerous.
Over the next three decades, the habitual offender and criminal sexual
psychopath provisions were the subjects of considerable criticism, study and
analysis. 3 In 1969, the Canadian Committee on Corrections (the Ouimet
Committee) recommended a total overhaul of the regime. 4
1.2.2
The Current Scheme
Responding to the Ouimet report and other developments, Parliament
repealed the habitual offender and the dangerous sexual offender rules in
1977 and introduced the current dangerous offender system in Part XXIV of
the Criminal Code.5 In 1997, the Parliament amended the Criminal Code to
introduce the “long-term offender” designation and a variety of related
adjustments.
Peace bonds, also known as “recognizances,” “judicial restraint orders” and
“sureties to keep the peace,” have existed in Canadian criminal law since 1892.
Initially, the law simply allowed individuals to seek a restraining order if he/she
feared that someone was a threat to him/herself or their families. In the
1990’s, three additional types of orders were introduced. They allow criminal
justice officials and others to ask the courts to impose conditions on an
individual if there are reasonable fears that the individual will commit a
criminal organization or terrorism offence, a sexual offence against someone
under the age of 16 years, or a “serious personal injury offence.”
The most recent changes to the high-risk offender provisions were contained
in The Tackling Violent Crime Bill 6 and came into force on July 2, 2008. The
reforms include these provisions:

An offender who gets a third conviction for a primary designated
violent or sexual crime that should result in a sentence of at least two
years is now presumed to be a dangerous offender, if two previous
convictions each resulted in a sentence of two years or more. The
offender is given an opportunity to show why he or she should not be
designated a dangerous offender;
2






The courts can no longer decide that someone who meets the
dangerous offender criteria should be designated a long-term offender
instead;
When an individual is convicted for a third time of a “designated
offence”, the Crown prosecutor has a duty to confirm to the court that
a dangerous offender application has been considered;
The courts now have the option of sentencing dangerous offenders to
indeterminate detention, a determinate sentence plus a long-term
supervision order, or simply a determinate sentence;
An Individual who is designated as a dangerous offender but does not
receive an indeterminate sentence of imprisonment will be subject to a
re-determination of the indeterminate sentence if that individual
subsequently breaches a condition of their Long-term Supervision
Order or commits another serious personal injury offence. The Crown
will not have to satisfy the court that the offender is a dangerous
offender for the latest offence;
The duration of peace bonds placed on individuals who are a high-risk
to commit sexual and/or violent offences and who have been convicted
of such offences in the past has been increased from one to two years;
and
The conditions that can be imposed under peace bonds have been
expanded to include residency, electronic monitoring, treatment and
others.
Display 1 identifies the Criminal Code sections responding to high-risk
offenders that were amended by the Tackling Violent Crime Act.
Display 1: The Tackling Violent Crime Act high-risk offender amendments.
Section
Amendment
752
New
New
New
Definition of “designated offence”
Definition of “long-term supervision”
Definition of “primary designated offence”
752.01
New
The prosecutor’s duty to inform the court about
whether a dangerous offender or long-term offender
application will be made.
752.1 (1)
Changed
The court no longer has a discretion to remand an
offender for assessment if it has reasonable grounds to
believe that the individual may meet the dangerous
offender criteria in section 753.
752.1 (2)
Changed
The initial time available for filing the assessment
report is increased from 15 to 30 days.
752.1 (3)
New
The prosecutor can now apply to have the deadline for
filing the assessment report extended by 30 days.
3
Display 1: The Tackling Violent Crime Act high-risk offender amendments.
Section
Amendment
753 (1)
Changed
The court’s discretion to find that an offender is a
dangerous offender has been removed.
753 (1.1)
New
Certain offenders who have been convicted of a listed
“primary designated offence” for a third time are
presumed to be dangerous offenders unless they can
prove otherwise.
753 (4)
Changed
Where an individual is found to meet the Dangerous
Offender criteria, the court is now required to impose
the designation, but now has discretion to sentence
the individual to indeterminate detention, a
combination of federal prison and long-term
supervision, or a regular sentence for the offence. The
Dangerous Offender designation is now for life, and
does not expire when the offender completes his
sentence of imprisonment or long-term Supervision.
753 (4.1)
New
Establishes the criteria the court shall use in
determining whether a sentence other than
indeterminate detention should be imposed when an
individual is designated as a dangerous offender. The
onus for satisfying this test is no longer on the Crown
prosecutor. This provision is intended to confirm that
the court s to impose the least onerous sentence
required to “adequately protect the public,’ consistent
with the principle established by the Supreme Court of
Canada in R. v. Johnson.
753 (6)
Repealed
Consequential/technical
753.01
New
Stipulates that where a dangerous offender is
convicted of a new “serious personal injury offence” or
a breach of a long-term supervision order, the Crown
does not have to establish that the offender meets the
dangerous offender criteria, and instead the only issue
is a re-hearing of the appropriate sentence,
(indeterminate, long-term offender or regular
sentence).
753.02
New
Formerly 753(6), modified to accommodate the
addition of s. 753.1
753.1(3)
Changed
Consequential/technical
753.1(4)
Repealed
Consequential/technical
753.1(5)
Repealed
Consequential/technical
753.2 (2)
Changed
Consequential/technical
754 (1)
Changed
Consequential/technical
4
Display 1: The Tackling Violent Crime Act high-risk offender amendments.
Section
Amendment
755
New
Formerly s. 753.1(4) & (5)
757
Changed
Allows character evidence in the sentencing phase.
759
Various
Consequential/technical
810.1(3)
Changed
Reference to “standard” conditions was removed.
810.1(3.01)
New
Maximum length of recognizance extended to 2 years if
the individual was previously convicted of a sexual
offence against a person under 16.
810.1(3.02)
New
Clarified that the court could consider imposing a
number of specific types of conditions if appropriate,
including electronic monitoring, regular reporting to
police, curfews etc.
810.1(3.03)
New
Court is to consider prohibition of firearms and other
weapons
810.1(3.04)
New
Allows for order re surrender of firearms, etc. to
implement prohibitions.
810.1(3.05)
New
Allows the court to require that the individual report to
correctional or police authorities.
810.2(3)
Changed
Reference to possible conditions of recognizance
removed.
810.2(3.1)
New
Maximum length of recognizance extended to 2 years if
the individual was previously convicted of serious
personal injury offence
810.2(4.1)
New
Clarified that the court could consider imposing a
number of specific types of conditions if appropriate,
including electronic monitoring, regular reporting to
police, curfews etc.
810.2(5)
Changed
Consequential/technical
810.2(5.1)
Changed
Consequential/technical
810.2(5.2)
Changed
Consequential/technical
810.2(6)
Changed
Consequential/technical
Note:
S. 810.01, which makes provision for peace bonds
where there is fear of criminal organization or
terrorism offence, has been amended to be consistent
with the changes made to s. 810, 810.1 and 810.2 b y
the Tackling Violent Crime Act.. The 801.01
amendments were made through Bill-14, An Act to
amend the Criminal Code (organized crime and
protection of justice system participants that came into
force on October 2, 2009.7
5
1.2.3
Some Numbers
The following statistical notes give some indication of the trends and patterns
associated with the high-risk offender interventions. Unless otherwise noted,
the statistics were taken from the Corrections and Conditional Release
Statistical Overview for 2008:8
Dangerous Offenders






Between 1978, when the current dangerous offender scheme was
introduced, and April 2008, the courts designated 455 dangerous
offenders.
Between 1978 and 1987, an average of eight (8) dangerous offenders
was identified annually; in the period 2002-2007, the average was over
21 a year.
As of April 13, 2008, there were 394 surviving dangerous offenders:
374 of them incarcerated in federal prisons; one deported; and 19
being supervised in the community. All were males and 24% were
Aboriginal offenders.
About 79% of the dangerous offenders had at least one current
conviction for a sexual offence.
In addition to the dangerous offenders, there are still 41 dangerous
sexual offenders and 5 habitual offenders in the federal correctional
system. These offenders were sentenced to indeterminate detention
prior to 1978.
The courts in all the provinces and territories but Nunavut and Prince
Edward Island have designated dangerous offenders.9 In absolute
terms, Ontario has designated the greatest number, although when
population size is considered, Newfoundland & Labrador, Nova Scotia,
Saskatchewan and British Columbia have higher designation rates.
Long-term Offenders




In 2007-2008, the courts designated 72 long-term offenders. Between
1997, when long-term supervision became available as a tool to help
deal with high-risk offenders, and 2008, the courts imposed 513 longterm supervision orders – an annual average of 47.
All but four of the orders involved supervision periods of five or more
years, and 71.2% were for the full ten (10) years.
Seventy-four (74) percent of the offenders who were subject to longterm supervision orders in 2008 had at least one current conviction for
a sexual offence.
A 2002 research paper reported that the average aggregate prison
sentence imposed on offenders who received long-term supervision
orders was a little more than 4.5 years (median about 4 years). By way
of comparison, the average aggregate sentence for all federal inmates
was 4.1 years (median 3 years).10
6
1.3 Highlights
This section provides a brief overview of the dangerous offender, long-term
offender and judicial restraint provisions. More detailed information about
these provisions and some of the important issues that surround them are
presented later in this document.
1.3.1
Dangerous Offender Laws
The most important features of the dangerous offender provisions now in
force are:

Threshold Offence: Only offenders who stand convicted of, and are
awaiting sentencing for, a "serious personal injury offence" can be
made the subject of a dangerous offender application. S. 752 defines a
“serious personal injury offence” as either:
a) any offence, other than high treason, treason, first degree
murder or second degree murder, that carries a maximum
sentence of 10 years or more and that involved the use or
attempted use of violence, conduct that endangered or was
likely to endanger another’s life or safety, or was likely to
inflict severe psychological damage (a violent offence); or
b) sexual assault (s. 271), sexual assault with a weapon, with
threats to a third party, or causing bodily harm (s. 272),
aggravated sexual assault (s. 273), or attempts to commit any
of these offences.

Dangerous Offender Criteria: Before a court can find that an offender
is a dangerous offender, it has to be satisfied that that the offender
meets one of the statutory sets of the behaviour criteria identified in
s. 753(1):

If the threshold offence was a violent offence, the
dangerousness test requires that the prosecution show that
the offender has demonstrated repetitive, persistent and/or
brutal behaviour that is evidence that the offender is a threat
to the lives, safety or physical or mental well-being of others.

If the threshold offence was a sexual assault, the prosecution
must satisfy the court that the offender has failed to control
his sexual impulses and is likely to cause injury and pain to
others as a result.

Notice of Intent: When an offender is convicted of a third designated
offence, the prosecution, at its earliest opportunity, must declare in
open court whether it intends to make an application to have the
offender remanded for an dangerous/long-term offender assessment:
s. 752.01.
7

Investigation: The preparations for dangerous offender applications
require the participation and investigative resources of police,
prosecutorial and correctional authorities.

Assessment: Before a dangerous offender application can be made,
the prosecution has to apply to have the offender remanded in custody
to have an assessment done by court-appointed experts. The experts
are usually psychiatrists, other mental health professionals and/or
correctional specialists. The Criminal Code allows up to 120 days for
completion of the assessment process, which is often complex and
labour intensive: s. 752.1.

Hearing: Dangerous offender applications are heard by a judge without
jury: s. 754 (2).

AG’s Consent: The responsible provincial Attorney General has to
consent to the dangerous offender application before the court will
hear it: s. 754(1). Consent is not needed for an application to remand
the offender for an assessment.

Notice of Grounds: The prosecution has to give the offender an
appropriate notice “outlining the basis on which it is intended to found
the application.” The notice has to be given at least seven days before
the hearing: (s. 754(1)).

Presumption of Dangerousness: The prosecution has the onus of
satisfying the court that an offender meets the dangerous offender
behaviour criteria, unless it can first satisfy the court that:
a) The offence for which the offender has just been convicted is
a “primary designated offence” listed in Part XXIV of the Code;
b) it would be appropriate to sentence the offender to two years
or more for that offence; and
c) the offender has, on at least two previous occasions, been
sentenced to two years or more for “primary designated
offences.”
If court is satisfied that these conditions are met, the offender is
presumed to be a dangerous offender unless he/she can prove the
contrary on a balance of probabilities: (s. 753 (1.1)).
The legislation introducing this presumption came into force July 2,
2008.

Sentence: Dangerous offenders are sentenced to indeterminate
detention unless, as specified in s. 753 (4.1), the sentencing judge is
satisfied that there is a “reasonable expectation” that the public can be
8
protected against the offender committing murder or a serious
personal injury offence by either:
a) a prison sentence of two years or more followed by up to ten
years of long-term supervision, or
b) a regular sentence for the offence.

Conditional Release: If a dangerous offender is sentenced to
indeterminate detention, the National Parole Board (NPB) decides
whether, and under what conditions, the offender will be released.
Offenders serving indeterminate sentences can apply for day parole
four years from the date they were originally taken into custody and
the National Parole Board is required to review their cases the offender
has served seven years in custody. Subsequent reviews are done at
least every two years for as long as the offender is in custody.
Dangerous offenders released on parole are supervised by the
Correctional Service of Canada (CSC) and are subject to suspension and
revocation like other offenders in the community on conditional
release: s. 761.

Long-term supervision: Dangerous offenders who are sentenced to
long-term supervision following their term of imprisonment are placed
in the community under Correctional Service of Canada supervision.
The period of supervision begins after the warrant expiry dates of all
prison sentences have past. Dangerous offenders under long-term
supervision are subject to the standard parole conditions set out in the
regulations to the Corrections and Conditional Release Act, as well as
any special condition that the National Parole Board might impose in
individual cases. The conditions are not established by the sentencing
court: s. 753.2 (1).

Suspension: If an offender who is under a long-term supervision order
breaches any of the conditions of that order, or there are other reasons
to believe that there is a risk that that the offender will re-offend,
Correctional Service of Canada can suspend the order and have the
individual arrested. Once arrested, the Correctional Service has up to
30 days to review the offender’s case and decide whether to return
them to the community or to hold them for up to 60 days pending a
review by the National Parole Board. In such cases, the board has a
number of options, including recommending that the offender be
charged with breach of long-term supervision.

Breach of Order: A dangerous offender convicted of failing or refusing
to abide by the conditions of a long-term supervision order is liable to a
sentence of up to ten years in prison (s. 753.3). Alternatively, under s.
753.01, the prosecution can apply to the have the court impose
indeterminate detention or a new long-term supervision order, a
9
process that includes a remand for a new assessment by courtappointed experts. Where the Crown prosecutor applies for a sentence
of indeterminate detention, the court must impose the sentence unless
the offender can establish that a lesser sentence will be adequate to
protect the public from future serious personal injury or murder
offences.
1.3.2
Long-term Offenders
In 1997, Parliament amended Part XXIV of the Criminal Code to create the
“long-term offender” designation to help deal with offenders who are not
captured by the dangerous offender provisions, but still present a high-risk of
committing future sexual offences.
The following are the highlights of long-term offender provisions, as amended
in 2008:

Threshold Offence: Offenders convicted of and awaiting sentencing
for a "serious personal injury offence" can be made the subject of a
long-term offender application, as can those convicted of any offence
referred to in s. 753.1(2)(a).

Long-term offender criteria: To conclude that an offender is a longterm offender under s. 753.1(1), the court has to be satisfied that:
a) a prison sentence of two or more years would be appropriate
for the current offence;
b) there is a substantial risk that the offender will reoffend
causing death, injury or other serious harm in the future; and
c) there is a reasonable possibility the risk the offender presents
can eventually be controlled is in the community.

Notice of Intent: When an offender is convicted of a third designated
offence, the prosecution, at its earliest opportunity, must declare in
open court whether it intends to make an application to have the
offender remanded for an assessment: s.752.01.

Investigation: The preparations for a long-term offender application
require the participation and investigative resources of police,
prosecutorial and correctional authorities.

Assessment: As with dangerous offender applications, before a longterm offender application can be made, the prosecution has to apply to
have the offender remanded in custody to have an assessment done by
court-appointed experts. The experts are usually psychiatrists, other
mental health professionals and/or correctional specialists: s. 752.1.
10

Hearing: Like dangerous offender applications, a judge without jury
hears long-term offender applications: s. 754 (2).

AG’s consent: The responsible provincial Attorney General has to
consent to the long-term offender application before the court will
hear it: s. 754(1). Consent is not needed for an application to remand
the offender for an assessment.

Notice of grounds: The prosecution has to give the offender a notice
“outlining the basis on which it is intended to found the application” at
least seven days before the long-term offender hearing : s. 754(1).

Sentence: When individuals are found to be long-term offenders, the
court must impose a sentence of at least two years in prison followed
by long-term supervision in the community for a maximum of ten
years: s. 753.1 (3).

Long-term supervision: Long-term offenders, and dangerous offenders
who are sentenced to long-term supervision, are placed in the
community, under Correctional Service of Canada supervision, after the
warrant expiry dates of all prison sentences have past. Offenders
under long-term supervision are subject to the standard parole
conditions set out in the regulations to the Corrections and Conditional
Release Act, as well as any special condition that the National Parole
Board might impose in individual case. The conditions are not
established by the sentencing court: s. 753.2 (1).

Suspension: If an offender who is under a long-term supervision order
breaches any of the conditions of that order, or there are other reasons
to believe that there is a risk that that the offender will re-offend,
Correctional Service of Canada can suspend the order and have the
individual arrested. Once arrested, the Correctional Service has up to
30 days to review the offender’s case and decide whether to return
them to the community or to hold them for up to 60 days pending a
review of the case by the National Parole Board. In such cases, the
board has a number of options, including recommending that the
offender be charged with breach of long-term supervision.

Breach of Order: An offender who fails or refuses to abide by the
conditions of a long-term supervision order is liable to a sentence of up
to ten years in prison: s. 753.3.
1.3.3
Peace bonds
There are two peace bond provisions that target the kind of high-risk
offenders being discussed here. First, s. 810.1 of the Criminal Code allows
criminal justice authorities to obtain peace bonds where there is a reasonable
fear that an individual will commit a sexual offence against a child under 16
11
years of age. Secondly, s. 810.2 allows for intervention where the fear is that
the individual will commit a “serious personal injury offence.”
The following highlight key elements of the procedures related to 810.1 and
810.2 orders initiated by criminal justice authorities to deal with high-risk
offenders.
Note:
The Criminal Code uses the term “defendant” to identify the subject of
a peace bond. Some sources may refer to them as “respondents.”

Application: The formal process begins when someone swears an
information under s. 810.1(1) or s. 810.2(1) in a provincial court.
Normally the police initiate the process after receiving information
from correctional authorities or other sources about a high-risk
offender who is being released from prison, has relocated from
another community or is nearing the end of community supervision.
Although not legally required to do so, the police often consult the
prosecution authorities before laying an information. In addition,
police services may have their own or provincial-level policies or
guidelines about peace bonds that should be consulted.

AG’s Consent: The police, or anyone else, must have the consent of the
responsible provincial Attorney General to lay a s. 810.2 information.
The consent of the Attorney General is not needed to lay a s. 810.1
information.

Criteria: Before placing someone under a s. 810.1 order, the provincial
court judge who hears the evidence has to be satisfied that the
informant, usually a police officer, has “reasonable grounds” to fear
that the defendant will commit one of the sexual offences listed in s.
810.1(1) against someone under sixteen. It is not necessary, however,
to identify who the specific victims might be.
In the case of an 810.2 order, the judge has to be satisfied that the
informant has “reasonable grounds” to fear that the defendant will
commit a serious personal injury offence, as defined in s. 752 of the
Criminal Code.

Conditions: The judge can add any conditions to an order that are
reasonable in the circumstances and in relation to the threat presented
by the respondent. Without limiting this discretion, the Criminal Code
does list examples of the conditions that could, or should, be
considered for each type of order. For example, the listed conditions in
the case of an s. 810.1 order (sexual offence against children) that a
judge may impose include: required participation in treatment;
electronic monitoring if requested by the Attorney General; and,
curfew restrictions. In addition, s. 810.1 requires in all cases a judge to
consider whether the defendant should be prohibited from possessing
12
weapons and ammunition, and whether the defendant should report
to probation or police officers on a regular basis

Duration: Normally, peace bonds can only be one year in length. If,
however, the respondent placed under an 810.1 order has previously
been convicted of a sexual offence against a child under 16, the order
can be up to two years in length. Similarly, if the respondent under an
810.2 order has previously been convicted of a serious personal injury
offence, the order can be made for up to two years.

Renewal of an Order: Whether the order is for one or two years, the
police can make a new for a new order after the previous one expires.
Applications in these circumstances would normally address all the
issues and considerations addressed in the first application.

Breach: If the respondent is convicted of the indictable offence of
breaching the order, the court can sentence him/her to up to two years
imprisonment.
Endnotes
1
An Act to amend the Criminal Code, S.C. 1947, c. 55.
2
The term “criminal sexual psychopath” was replaced by the term “dangerous sexual
offender” by An Act to amend the Criminal Code, S.C. 1948, c. 39, s. 43
3
An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 32.
4
Report of the Canadian Committee on Corrections, Toward Unity: Criminal Justice
and Corrections, Ottawa, The Queen's Printer, 1969,
5
Criminal Law Amendment Act, 1977
6
An Act to amend the Criminal Code and to make consequential amendments to
other Acts. S.C. 2008 c.6
7
Statutes of Canada, Chapter 22 http://laws.justice.gc.ca/eng/2009_22/index.html
8
Public Safety Canada, Corrections and Conditional Release Statistical Overview 2008.
Ottawa. December 2008. (The current version of this report, which is updated
annually, is available on the Public Safety Canada website: www.publicsafety.gc.ca.
9
Number of dangerous offenders designated by jurisdiction between 1978 and 2007:
Newfoundland & Labrador 11, Nova Scotia 15, Prince Edward Island 0, New
Brunswick 7, Quebec 49, Ontario 188, Manitoba 10, Saskatchewan 37, Alberta 35,
British Columbia 97, Yukon 1,Northwest Territories 5, and Nunavut 0. Canada 455.
10
Trevethan S, Crutcher N. Moore JP. A Profile of Federal Offenders Designated as
Dangerous Offenders or Serving Long-Term Supervision Orders, Correctional Service
of Canada, December 2002
13
2 Dangerous Offender Designations
This section of the guide describes the Criminal Code’s dangerous offender
provisions and their general application. The description takes into account
the changes introduced by the 2008 amendments and draws on case law in
some instances. The information is presented in a question and answer
format.
The following material does not attempt to describe the policies and practices
at the operational level within the provinces and territories. Appendix A,
however, does contain information on some of the policies, procedures,
resources and services within each jurisdiction that are relevant to its
response to high-risk offenders.
2.1.1
What is a dangerous offender designation?
Part XXIV of the Criminal Code allows the Crown prosecutor to present
evidence arguing that a person who has just been convicted of sexual assault
or another “serious personal injury offence” is a dangerous offender. If the
individual is designated a dangerous offender, the court is required to
sentence them to indeterminate detention in a penitentiary, unless it is
satisfied that the evidence introduced during the dangerous offender hearing
shows that a sentence of two years or more plus long-term supervision or a
regular sentence would adequately protect the public: S.753(4.1).
2.1.2
What are the statutory criteria that define dangerousness?
Dangerous offenders fall into two broad groupings defined by a combination
of their conviction (threshold) offence and the kind of behaviour and conduct
that is associated with their violent or sexual crimes. The statutory offence
criteria for dangerous offenders presenting a general threat of future violence
are identified in paragraph (a) of the definition of “serious personal injury
offence,” while the behaviour criteria are set out in s. 753(1)(a):
Display 2: Criteria for designating a violent offender a dangerous offender
Offence
Behaviour/Conduct
752. In this Part
[…]
"serious personal injury offence"
means
753. (1) (a) […] the offender constitutes
a threat to the life, safety or physical or
mental well-being of other persons on
the basis of evidence establishing
(i) a pattern of repetitive behaviour
by the offender, of which the offence
for which he or she has been
convicted forms a part, showing a
failure to restrain his or her
behaviour and a likelihood of
(a) an indictable offence, other than
high treason, treason, first degree
murder or second degree murder,
involving
(i) the use or attempted use of
14
Display 2: Criteria for designating a violent offender a dangerous offender
Offence
Behaviour/Conduct
violence against another
causing death or injury to other
person, or
persons, or inflicting severe
psychological damage on other
(ii) conduct endangering or
persons, through failure in the future
likely to endanger the life or
to restrain his or her behaviour,
safety of another person or
inflicting or likely to inflict
(ii) a pattern of persistent aggressive
severe psychological damage
behaviour by the offender, of which
on another person,
the offence for which he or she has
been convicted forms a part,
and for which the offender may be
showing a substantial degree of
sentenced to imprisonment for ten
indifference on the part of the
years or more,[…]
offender respecting the reasonably
foreseeable consequences to other
persons of his or her behaviour, or
(iii) any behaviour by the offender,
associated with the offence for
which he or she has been convicted,
that is of such a brutal nature as to
compel the conclusion that the
offender’s behaviour in the future is
unlikely to be inhibited by normal
standards of behavioural restraint;
[…]
The statutory offence criteria for offenders who are identified as dangerous
offenders because of sexual violence are presented in paragraph (b) of the
definition of “serious personal injury offence,” while the behavioural criteria
are set out in s. 753(1)(b). (See Display 3)
Note:
Where the threshold offence is a sexual offence that qualifies as a
“serious person injury offence,” the prosecution can base a dangerous
offender application on either the violent offender or the sex offender
criteria.
Display 3: Criteria for designating a sex offender a dangerous offender
Offence
Behaviour/Conduct
752. In this Part
[…]
"serious personal injury offence"
means
(b) an offence or attempt to commit
an offence mentioned in section 271
753. (1) (b) […] the offender, by his or
her conduct in any sexual matter
including that involved in the
commission of the offence for which he
or she has been convicted, has shown a
failure to control his or her sexual
impulses and a likelihood of causing
injury, pain or other evil to other persons
15
Display 3: Criteria for designating a sex offender a dangerous offender
Offence
Behaviour/Conduct
(sexual assault), 272 (sexual assault
through failure in the future to control
with a weapon, threats to a third party his or her sexual impulses.
or causing bodily harm) or 273
(aggravated sexual assault).
2.1.3
How are potential dangerous offenders identified?
Prosecutors normally have the responsibility of identifying whether a
particular offender should be the target of a dangerous offender application.
Increasingly, they are assisted in this task by the investigating police service,
local or provincial high-risk offender strategies and by tools such as the
National Flagging System for High-Risk Offenders (See Appendix C:).
Once a potential target has been identified, the prosecution will review the
case to assess whether the offender meets at least one set of the dangerous
offender criteria and any other criteria that may be identified in policy.
At this stage, the prosecution’s examination would normally focus on
determining whether the offender would be an appropriate target for either a
dangerous offender or a long-term offender application. Practically, the
prosecution’s decision about what application, if any, should be made will not
be finalized until after the s. 752.1 assessment report has been delivered to
the court.
In conducting this review, the prosecution will gather a variety of criminal
justice and related information. Display 4 identifies some of the factors and, by
extension, the kinds of information that would be considered in determining
whether a dangerous offender application should be made.
Display 4: Example of factors considered in deciding whether to make a
dangerous offender or long-term offender application. 11

The nature of the offence and the maximum penalty provided for that
offence;

The age and health of the offender;

The number of victims and number of offences;

The degree of violence of each offence keeping in mind that sexual
intercourse with a young child constitutes an act of extreme violence;

The pattern and time span of the offences;

The offender’s criminal history;

Whether a trust situation existed between the offender and the victim;

Premeditation or planning of the crime;

The ability of the witnesses to tolerate court proceedings;

The impact of the crime upon the victims;
16
Display 4: Example of factors considered in deciding whether to make a
dangerous offender or long-term offender application. 11

The possible impact of court proceedings on the victims;
2.1.4

Previous treatment of the offender;

The availability of previous transcripts and/or witnesses;

Psychiatric assessments of the offender;

The availability of any suitable treatment programs and the prognosis for
successful treatment;

Extenuating, mitigating or aggravating circumstances.
What is the prosecutor’s “duty to advise”?
Under s. 752.01, the prosecutor is required to tell the court whether the
Crown will make an application for an assessment where the offender:
a) has been convicted of a serious personal injury offence that is also a
“designated offence,” (see Display 5); and
b) has at least two previous convictions for designated offences for which
he/she was sentenced to imprisonment for two or more years.
The prosecutor must give this early notice “. . . as soon as feasible after the
finding of guilt and in any event before sentence is imposed.”
The duty to advise requirement was introduced by the Tackling Violent Crime
Bill and came into force in July 2008. It was adopted to ensure that Crown
prosecutors had fully considered the dangerous offender sentence option in
such cases.
Display 5: Designated Offences, as defined in s. 752
Section
Descriptor
81(1)(a)
using explosives
81(1)(b)
using explosives
85
using firearm or imitation firearm in commission of offence
87
pointing firearm
98
breaking and entering to steal firearm
98.1
robbery to steal firearm
151
sexual interference
152
invitation to sexual touching
153
sexual exploitation
153.1
sexual exploitation of person with disability
155
Incest
163.1(2)
making child pornography
163.1(3)
distribution etc. of child pornography
163.1(4)
possession of child pornography
163.1(4.1)
accessing child pornography
170
parent or guardian procuring sexual activity
17
Display 5: Designated Offences, as defined in s. 752
Section
Descriptor
171
householder permitting sexual activity by or in presence of child
172.1
luring child
212(1)(i)
stupefying or overpowering for purpose of sexual intercourse
212(2.1)
aggravated offence in relation to living on avails of prostitution of
person under 18
212(4)
prostitution of person under 18
239
attempt to commit murder
244
discharging firearm with intent
245
administering noxious thing
266
assault
267
assault with weapon or causing bodily harm
268
aggravated assault
269
unlawfully causing bodily harm
269.1
torture
270(1)(a)
assaulting peace officer
271
sexual assault
272
sexual assault with weapon threats to third party or causing bodily
harm
273
aggravated sexual assault
273.3
removal of child from Canada
279(1)
kidnapping
279(2)
forcible confinement
279.01
trafficking in persons
279.1
hostage taking
280
abduction of person under age of 16
281
abduction of person under age of 16
344
robbery
348
breaking and entering with intent committing offence or breaking
out
144
rape, as it read before January 4, 1983
145
attempt to commit rape, as it read before January 4, 1983
146(1)
sexual intercourse with female under age of 14, as it read before
January 1, 1988
146(2)
sexual intercourse with female between age of 14 and 16, as it
read before January 1, 1988
148
sexual intercourse with feeble-minded, as it read before January 1,
1988
149
indecent assault on female, as it read before January 4, 1983
153(1)(a)
sexual intercourse with step-daughter or, as it read before January
1, 1988
156
indecent assault on male, as it read before January 4, 1983
166
parent or guardian procuring defilement , as it read before January
1, 1988
167
householder permitting defilement, as it read before January 1,
1988
245(2)
assault causing bodily harm , as it read before January 4, 1983
246(1)
assault with intent if the intent is to commit an offence referred to
in any of subparagraphs i to v of this paragraph, as it read before
18
Display 5: Designated Offences, as defined in s. 752
Section
Descriptor
January 4, 1983
246.1
sexual assault, as enacted in s19, chapter 125
246.2
sexual assault with weapon threats to third party or causing bodily
harm , as enacted in s19, chapter 125
246.3
aggravated sexual assault, as enacted in s19, chapter 125
Other
an attempt or conspiracy to commit any of the above.
This offence that would not qualify as a “serious personal injury offence” because
it carries a maximum sentence of less than 10 years
2.1.5
What role do police play in the dangerous offender process?
The primary role of the police in the dangerous offender application process is
to gather the evidence necessary to establish a pattern of dangerous
behaviour. Working in close collaboration with the prosecution, this effort will
focus on gathering testimony and documentary evidence from many sources.
The police investigation will demand a substantial commitment of time for
interviewing victims, family members, mental and correctional professionals
and others who knew or had dealings with the offender. This will often
involve re-interviewing people involved with past cases because some of the
details of those cases that were not relevant originally could be key indicators
of the offender’s behavioural patterns and important for demonstrating that
the offender meets the statutory behaviour criteria.
In some instances, the police will have to proceed by way of summons,
productions orders or, it seems, a general warrant, to obtain access to this
type of information: R. v. Ongley, [2003] O.J. No. 3934 (O.C.J.).
In interviewing previous and current victims and/or their families for the
dangerous offender application, it is important to be aware of the potential for
re-victimization. Because of this possibility, it is recommended that victim
assistance personnel or other support services be engaged right from the
outset.
The documentary evidence, which is commonly tendered by consent, will
include records from a range of institutions and organizations. Examples are:







criminal records and arrest reports;
information from the Correctional Service of Canada;
information from the provincial correctional system even if the
offender has never done “provincial time” as there may be presentence reports;
transcripts of previous trials;
victim impact statements;
records of divorce proceedings;
employment records and reports;
19
medical and mental health records
child protection agency records ; and
school records.



Many of these records will be admitted under the business records provisions
of the Canada Evidence Act.
2.1.6
What kind evidence can be used to support a dangerous offender
application?
Under the Criminal Code, all credible and trustworthy evidence is admissible at
a sentencing hearing:
723. (1) Before determining the sentence, a court shall give the
prosecutor and the offender an opportunity to make submissions
with respect to any facts relevant to the sentence to be imposed.
(2) The court shall hear any relevant evidence presented by the
prosecutor or the offender.
(3) The court may, on its own motion, after hearing argument
from the prosecutor and the offender, require the production of
evidence that would assist it in determining the appropriate
sentence.
(4) Where it is necessary in the interests of justice, the court may,
after consulting the parties, compel the appearance of any person
who is a compellable witness to assist the court in determining the
appropriate sentence.
(5) Hearsay evidence is admissible at sentencing proceedings, but
the court may, if the court considers it to be in the interests of justice,
compel a person to testify where the person
(a) has personal knowledge of the matter;
(b) is reasonably available; and
(c) is a compellable witness.
With respect to hearsay evidence, the Supreme Court in R. v Gardiner , [1982]
368 S.C.R. 2 pointed out:
It is a commonplace that the strict rules which govern at trial do not
apply at a sentencing hearing and it would be undesirable to have
the formalities and technicalities characteristic of the normal
adversary proceeding prevail. The hearsay rule does not govern the
sentencing hearing. Hearsay evidence may be accepted where found
to be credible and trustworthy. The judge traditionally has had wide
latitude as to the sources and types of evidence upon which to base
his sentence. He must have the fullest possible information
20
concerning the background of the accused if he is to fit the sentence
to the offender rather than to the crime.
It should also be noted that s. 757 allows the court to admit evidence of the
offender’s character and reputation in relation to determining whether the
offender is a dangerous or long-term offender and determining a sentence.
These issues, as well as the question of the admissibility of hearsay evidence
are examined in R. v. Gregoire, 1998 CanLII 17679 (MB C.A.).
2.1.7
How is the dangerous offender process started?
Once the prosecution has identified an offender as a possible dangerous
offender candidate and a basic investigation has been done, its first step is to
apply to the court, under s. 752.1, to have the offender remanded for a formal
assessment. The assessment serves two purposes. First, it will help the
prosecution determine whether to make a dangerous offender application,
pursue a long-term offender application, or proceed with the regular
sentencing process. Second, if a dangerous or long-term offender application
is made, the assessment will be evidence at the hearing; if no application is
made, the assessment is admissible at a regular sentencing hearing:
R. v. N.(R.A.), 2001 ABCA 312 (CanLII).
In considering the assessment application, s. 752.1(1) directs the court to
examine whether:


The offender has been convicted of a serious personal injury offence or
an offence mentioned in s. 753.1(2)(a), which includes sexual assault
and sexual offences against children (see Display 10, page 47); and
There are reasonable grounds to believe that an offender “might” be
found to be a dangerous or long-term offender.
If both conditions are met, the court is obliged to order that the offender be
remanded in custody so that the assessment can be conducted.12
2.1.8
Who does the assessment?
The assessment is done by mental health and/or correctional facilities and/or
individual experts designated by the court following submissions by the
prosecution and the offender. For example, many assessments are done at
provincial forensic mental health services that have secure detention facilities.
Assessments may be done by individuals or by multi-disciplinary teams that
include psychiatrists, psychologists, nurses, correctional officers, social
workers and/or others who have opportunities to observe the offender during
remand period.
It is important to note that the assessments are done for the court, not the
prosecution or the defence, although both parties can call on other experts to
conduct additional assessments and/or testify at a hearing.13 If the defence
21
has an independent assessment done, it is not required to disclose the results,
unless they call the expert to testify.
2.1.9
How long does it take to get the assessment?
The actual time required to have an assessment completed will vary, but the
legislation allows for up to 120 days. S. 752.1 sets the maximum duration of a
remand for an assessment at 60 days, then gives the expert up to 30 days
following the end of the remand period to submit the assessment the court,
prosecution and defence. In addition, the prosecution can apply to the court
under s. 752.1(3) to extend the time available for filing the assessment report
by up to 30 days.14
The time available for completing the report was increased by The Tackling
Violent Crime Act. Before July 2008, the people doing assessments had 15 days
to file their report with no legislated opportunity for an extension, although
the courts were open to extending the time in some circumstances: R. v.
Howdle, 2004 SKCA 39 (CanLII); R. c. Lavoie, 2008 QCCQ 7572 (CanLII).
2.1.10 What is involved in an assessment?
In conducting the assessment, the designated expert(s) reviews the offender’s
mental health, social and psychological functioning, criminal history, the
availability and likely outcomes of treatment interventions, and other factors
to determine what risk the offender poses and whether that risk can be
managed to an acceptable level in the community. The expert’s objective is to
arrive at a conclusion about whether, from a psychiatric perspective, the
offender meets the statutory behavioural criteria for finding someone a
dangerous offender. This requires them to examine a variety of issues (See
Display 6) using a mix of methods including clinical interviews, psychometric
testing, file reviews, direct observation and, in some cases, interviews with
collateral sources such as family members.
Display 6: Issues addressed in a full dangerous offender assessment report.

The behaviour criteria of dangerousness in s. 753 (1)(a) and (b);

The extent to which the offender displays criminal thinking
(impulsiveness, lack of self-control, self-centredness; sense of
entitlement, etc.).;

The extent to which the offender, in his or her environment, is
surrounded by individuals involved in criminal activity;

The degree to which the offender displays anti-social tendencies and
criminal propensities;

The offender’s level of social supports within the community;

Any problems the offender experiences such as substance abuse or
having a deviant sexual preference;
22
Display 6: Issues addressed in a full dangerous offender assessment report.

The offender’s general ability to access community resources;

The offender’s criminal history, focusing on the presence or absence of
serious personal injury offences;

The nature and severity of any mental disorders

The offender’s treatment and counselling history;

The offender’s level of social competence;

The offender’s problem resolution skills;

Whether the offender has a sufficient level of life-skills to function in the
community;

The likelihood that the offended will reoffend;

The mechanisms the offender uses to cope with stress and the perceived
utility of these mechanisms.
The assessment team may also do cognitive and memory testing to check for
signs of physical damage to the brain. If the offender is a sex offender,
additional tests will be used to identify sexual preferences and deviant
sexuality.
It is generally preferable that experts use actuarial, empirically based tools in
assessing dangerousness. The following are examples of widely used risk
assessment tools:










Violence Risk Appraisal Guide [VRAG] – assesses the risk of recidivism
for men who have committed serious, violent or sexual offenses; 15
Sex Offender Risk Appraisal Guide [SORAG] –assess the risk of violent
recidivism for adult male offenders; 16
Rapid Risk Assessment of Sex Offender Recidivism [RRASOR] – assesses
risk of sex offence recidivism;17
Level of Supervision Inventory - Revised [LSI-R] – assesses the needs of
the offender and risk of general criminal recidivism; 18
Statistical Information on Recidivism - Revised 1 [SIR-R1] - assesses
offender re-integration potential; 19
Static-99 - assesses risk of sex offence recidivism; 20
Static- 2002 - assesses the risk of sexual and violent recidivism among
adult male sexual offenders; 21
Sex Offender Need Assessment Rating [SONAR] – assesses change in
risk among sexual offenders; 22
Stable-2007 – assesses changes in risk status over time; 23
Hare Psychopathy Checklist-Revised [PCL-R] – assesses criminal
psychopathy. 24
23
Note: The offender is not legally obligated to participate in the assessment
process. In some cases, defence lawyers will advise their clients not to
cooperate.
When the offender decides that he or she will not cooperate, the
experts rely more heavily on documentary information. It is important
therefore that the prosecution provide them with comprehensive
documentation including copies of Crown briefs, a complete criminal
history, federal and provincial correctional files, victim impact
statements, previous mental health assessments and other
background information.
Appendix E: presents an outline of a typical assessment.
2.1.11 Is either the prosecution or the court bound to accept the expert’s
conclusions?
Neither the prosecution nor the court is bound by the expert’s opinion.
For example, even if the expert concluded that a long-term designation would
be sufficient to protect the public, the prosecution can proceed with a
dangerous offender application. The expert assessment is only one piece of
the evidence the court must consider in deciding whether to make a
dangerous offender or a long-term offender designation. For example, in R. v.
R.M., 2007 ONCA 872 (CanLII), the court, which dismissed the offender’s
appeal, said in part:
[51] Even though he recognized the risk was thus limited, Dr.
Woodside’s [the Crown expert] qualified his opinion saying: “My
hope would be that such an intensive level of supervision, while not
eliminating the risk posed by Mr. M., might allow for intervention
(i.e. breach) prior to his committing a further violent offence.”
[Emphasis added.] In the trial judge’s words, this “is hardly a ringing
endorsement” about the prospects of managing the appellant’s risk
in the community. More importantly, Dr. Woodside’s “hope” was
premised on a number of conditions that the trial judge was not
satisfied would be met.
[52] The trial judge’s concerns about the conditions that were
critical to Dr. Woodside’s hope included the efficacy of anti-androgen
medication and the supervision available under the Circles program,
both of which are discussed earlier in these reasons.
[53] In addition, in our view, the trial judge was entitled, and
indeed obliged, to reach her own conclusion about the appellant’s
risk. Her determination of this issue was one she made after careful
consideration of extensive evidence concerning the factual
foundations that underlay the experts’ opinions, including the
seriousness of the appellant’s criminal record for violent crimes, his
24
history of predatory sexual conduct, the ineffectiveness of an earlier
penitentiary sentence for an assault against another stepchild, the
appellant’s substance abuse and anger management problems, the
appellant’s minimization of his conduct and his potential for
treatment and supervision in the community. The trial judge’s
findings on these issues are entitled to deference. In applying those
findings to the legal question of the appropriate designation, the trial
judge was entitled to distinguish between a reasonable possibility
and a speculative one concerning the appellant’s eventual control in
the community.
[54]
Accordingly, we reject this ground of appeal.
See also R. c. Audette, 2002 CanLII 41141 (QC C.A.); R. v. Hickey, 2008 ONCA
115 (CanLII).
2.1.12 What must happen before a dangerous offender application can be
heard?
S. 754(1) of the Code states that the court can hear a dangerous offender or
long-term offender application only after:
a) The Attorney General has consented to the application. The consent
can be given either before or after the application was made;
b) at least seven (7) days before the hearing and after the application
was made, the prosecution given the offender written notice
“outlining the basis on which it is intended to found the application;”
and
c) a copy of the notice has been filed with the court.
2.1.13 What must be done to obtain the consent of the Attorney General?
Each jurisdiction will have its own procedures and policies setting out the
content and format of an application for consent of the Attorney General to
make a dangerous offender application. Typically, the package would include
some or all of the following:





a summary contextual and background statement;
a detailed description of the offence;
a description of the past conduct and other considerations on which
the application will be founded;
a summary psychiatric history and diagnosis;
the reasons for the application including why a determinate sentence
or a long-term offender designation would not address the risk posed
by the offender; and
25

copies of the relevant documents including the indictment, the
offender’s criminal record, the draft Notice of Application, a draft of
the Consent, relevant psychiatric reports and the s. 752.1 assessment
report.
2.1.14 When is the offender presumed to meet the dangerous offender
criteria?
Any offender who meets the conditions set out in s. 753 (1.1) is presumed to
be a dangerous offender, and will be sentenced as such, unless he/she can
prove the contrary on “a balance of probabilities.” The three conditions are
that:
1. the offender, on two or more occasions in the past, was convicted of a
“primary designated offence”, as defined in s. 752, and that in each
case received a sentence of two or more years of imprisonment;
2. the offender’s current offence is a primary designated offence; and
3. it would “be appropriate” to impose a sentence of two or more years
of imprisonment for the present offence.
This presumption was introduced by the Tackling Violent Crime Act and came
into force on July 2, 2008.
The onus is on the prosecution to satisfy the court that the offender meets the
three condition of the criminal history threshold set out in s. 753(1.1).
Obviously, the task of demonstrating that the offender meets the first two
elements is a straightforward matter. With respect to the third element, the
prosecution’s submission will have to show that a sentence of two years or
more would be appropriate for the offence under established sentencing
principles,.
2.1.15 What offences are “primary designated offences?”
The primary designated offences, listed in Display 7, are defined in s. 752 of
the Criminal Code. They are all offences that could qualify as “serious personal
injury offences” as that term is defined in s. 752.
Display 7: Primary Designated Offences, as defined in s. 752
Section
Descriptor
151
sexual interference
152
invitation to sexual touching
153
sexual exploitation
155
Incest
239
attempt to commit murder
244
discharging firearm with intent
267
assault with weapon or causing bodily harm
26
Display 7: Primary Designated Offences, as defined in s. 752
Section
Descriptor
268
aggravated assault
271
sexual assault
272
sexual assault with weapon threats to third party or causing bodily
harm
273
aggravated sexual assault
279(1)
Kidnapping
144
rape, as it read before January 4, 1983
145
attempt to commit rape, as it read before January 4, 1983
146(1)
sexual intercourse with female under age of 14, as it read before
January 1, 1988
149
indecent assault on female, as it read before January 4, 1983
153(1)(a) sexual intercourse with step-daughter or, as it read before January 1,
1988
156
indecent assault on male, as it read before January 4, 1983
245(2)
assault causing bodily harm , as it read before January 4, 1983
246(1)
assault with intent if the intent is to commit an offence referred to in
any of subparagraphs i to v of this paragraph, as it read before
January 4, 1983
246.1
sexual assault, as enacted in s19, chapter 125
246.2
sexual assault with weapon threats to third party or causing bodily
harm , as enacted in s19, chapter 125
246.3
aggravated sexual assault, as enacted in s19, chapter 125
an attempt or conspiracy to commit of the above.
2.1.16 What happens if the court is not satisfied that the offender meets
the presumptive criteria?
If the court is not satisfied that the offender meets the criminal history and
sentencing thresholds set out in s. 753(1.1), the prosecution will have to
proceed with a regular dangerous offender application.
2.1.17 What happens if the court is satisfied that the offender meets the
presumptive criteria?
If the court is satisfied that the offender meets the criminal history and
sentencing thresholds in s. 753(1.1),the offender has the opportunity of
bringing forward evidence to prove, on a balance of probabilities, that he does
not meet the behaviour criteria t (see Display 2 and Display 3) that define a
dangerous offender. If his argument succeeds, the court will find that he is not
a dangerous offender and proceed, in accordance with s. 753(5), to:



find that the offender is a long-term offender;
conduct a hearing to determine if he is a long-offender; or
impose a sentence for current offence.
27
If the offender chooses not to contest the prosecution’s application, or his
arguments fail, the court will find that he is a dangerous offender and
sentence him accordingly - see 2.1.21, page 30.
2.1.18 What does the prosecution have to prove at a regular dangerous
offender hearing?
The prosecution has to prove, beyond a reasonable doubt, that the offender
meets the offence and the behaviour criteria in either:


s. 753(1)(a) which deals with threats of general violence (see Display 2,
page 14); or
s. 753(1)(b), which deals with the risk of sexual violence (se Display 3,
page 15).
It should be noted that under s. 754(3), where an offender admits to any of
the allegations contained in the notice to the offender that is required under
s. 754(1)(b), no proof of the allegation is required.
2.1.19 Does the prosecution have to prove that current offence was
especially serious?
There is some question about whether the court must be satisfied that the
offence for which the offender was convicted and that serves as the
foundation for the dangerous offender application was sufficiently serious to
justify the application. Madam Justice Marguerite J. Trussler, in R. v. Francis,
2006 ABQB 803 (CanLII), described the principle lines of this debate as follows:
[41] [. . .] In R. v. Currie, 1997 CanLII 347 (S.C.C.), [1997] 2 S.C.R.
260, the Supreme Court found that the term "serious personal injury
offence" did not require a qualitative assessment of the objective
seriousness of the predicate offence: para. 17. It was satisfied that
the enumerated sexual offences in s. 752(b) were inherently serious
and that the dangerous offender regime allowed offenders to be
sentenced "without having to wait for them to strike out in a
particularly egregious way": para. 26. In R. v. Goforth, 2005 SKCA 12
(CanLII), (2005), 257 Sask.R. 123, 2005 SKCA 12 [application for leave
to appeal dismissed December 22, 2005: S.C.C. No. 47807], Cameron
J.A. for the Court explained that an inquiry into the objective
seriousness of the predicate offence was similarly not required for the
purposes of s. 752(a). Cameron J.A. opined that the commission of a
serious personal injury offence as defined under s. 752(a), without
more, is enough to trigger the availability of the dangerous offender
and long‑term offender regimes: para. 37.
[42] Conversely, in R. v. Neve, 1999 ABCA 206 (CanLII), (1999), 237
A.R. 201, 1999 ABCA 206, the Alberta Court of Appeal held that the
language of s. 752(a) necessitates an inquiry into the objective
28
seriousness of the violence or level of endangerment in the acts
constituting the predicate offence. [. . .]
[43] The Court in Neve cited four factors that favour an inquiry into
the degree of violence present in the predicate offence: paras. 77‑80.
Firstly, opening the "dangerous offender gate" to offences where the
violence is not "serious" would be inconsistent with Parliament's
purpose in enacting dangerous offender legislation designed to
indeterminately incarcerate a very small group of highly dangerous
criminals. Second, the constitutionality of the dangerous offender
regime depends on the predicate offence showing conduct that
would tend to cause severe physical danger or severe psychological
injury to other persons. Similarly, the failure to assess the seriousness
of the violence would function to dilute the pattern requirement in s.
753(1)(a)(i) or (ii) to an unacceptable level. Finally, the Court opined
that an objective standard of seriousness must be applied to the
predicate offence to recognize that offence's status as "the last
straw" which justifies the Crown's invoking of the dangerous offender
proceedings.
[44] The approaches in both Goforth and Neve were canvassed in [R.
v. Naess, 2004 CanLII 53065 (ON S.C.)]. Hill J. eventually rejected the
approach in Neve, deciding that although an act of violence or
attempted violence must be identified, "there is no compulsion as
advocated in Neve to go further, to measure the degree of violence."
Dionne J. reached the same conclusion in R. c. Trahan, 2006 QCCQ
282 (CanLII), [2006] J.Q. no 423, 2006 QCCQ 282.
2.1.20 Does the court have the discretion to not make a dangerous offender
designation?
No!
S. 753(1), as amended effective July 2, 2008, says that: ... the court shall find
the offender to be a dangerous offender... if it is satisfied that the offender
meets the criteria set out in either s. 753 (1)(a) or (b). (Emphasis added)
Before July 2008, the court did have discretion in this matter. In R. v. Johnson,
2003 SCC 46 (CanLII), the Supreme Court confirmed that sentencing judges
had the discretion not to declare that someone was a dangerous offender
even if all the conditions for doing so were met, provided there were also
satisfied that a sentence other than indeterminate detention would be
sufficient to protect the public:
The language of s. 753(1) of the Code [as it was then] indicates that a
sentencing judge retains the discretion not to declare an offender
dangerous even if the statutory criteria in para. (a) or (b) are met. On
its face, the word “may” in the phrase “[t]he court may . . . find the
29
offender to be a dangerous offender” denotes a discretion. The
principles of statutory interpretation, the purpose of the dangerous
offenders regime, and the principles of sentencing support that
interpretation. The primary purpose of the dangerous offender
regime is the protection of the public. The principles underlying the
Code’s sentencing provisions dictate that a sentence must be
appropriate in the circumstances of the individual case. The
proposition that a court is under a duty to declare an offender
dangerous every time the statutory criteria are satisfied would
introduce an unnecessary rigidity into the process and overshoot the
public protection purpose. It would also undermine a sentencing
judge’s capacity to fashion a sentence that fits the individual
circumstances of a given case.
As noted above, the Code was amended to remove the court’s discretion to
not declare an offender a dangerous offender while retaining the court’s
discretion to determine what the appropriate sentence for a particular
dangerous offender should be, thus respecting the sentencing principles
highlighted by the Supreme Court in R. v. Johnson.
2.1.21 What sentence can the court impose on a dangerous offender?
Since July 2008, if the court finds that an offender meets the statutory criteria
it must declare that the offender is a dangerous offender. Then, under
s. 753(4.1), the court must sentence the offender to indeterminate detention
unless the evidence presented during the hearing leads the judge to conclude
that there is a “... reasonable expectation that a lesser measure [...] will
adequately protect the public against the commission by the offender of
murder or a serious personal injury offence.”
The “lesser measures” available to the court under s. 753(4) are:
1. a sentence of two years or more for the offence for which the
offender was convicted and long-term supervision for up to 10 years
following the end of the prison sentence; or
2. a sentence for the offence for which the offender was convicted.
It must be noted that s. 753(4) and (4.1) do not call for new evidence or a new
sentencing hearing. The judge’s decision about whether a lesser measure
would be appropriate will be based on “evidence adduced during the hearing
of the application.” Because of this, the prosecution must ensure that its
evidence during the hearing is not only sufficient to satisfy the court that a
dangerous offender designation should be made, but that it will support the
imposition of the appropriate sentence.
30
2.1.22 What is long-term supervision?
Long-term supervision is the “community” part of the sentence imposed on
long-term offenders and certain dangerous offenders. A period of long-term
supervision is always proceeded by an effective prison sentence of two or
more years; that is, a sentence of two or more years before any the
application of any credit for time served. Even in cases where the application
of the credit results in the offender serving the prison term in a provincial
facility, the Correctional Service of Canada is responsible for the long-term
supervision.
More detailed information about the terms, conditions and consequences of
long-term supervision orders can be found under the following headings:




3.1.13 What conditions are placed on offenders under long-term
supervision orders? Page 54.
3.1.14 Can an offender under long-term supervision be placed in a
residence designed for offenders? Page 55.
3.1.15 Can the National Parole Board impose conditions requiring
the offender to participate in treatment? Page 55
3.1.16 What happens when an offender breaches the conditions of a
long-term supervision order? Page 57.
2.1.23 What factors are relevant to whether there is a reasonable
expectation that a sentence other than indeterminate detention
would adequately protect the public?
The Criminal Code does not identify the factors that are relevant to whether a
determinate sentence, with or without a long-term supervision order, would
adequately protect the public. It appears, however, that the issues and factors
that should be considered here would be the same those that have been
examined in assessing whether offenders meet the long-term offender criteria
identified in 753.1(1)(c): “there is a reasonable possibility of eventual control
of the risk in the community.”
To be satisfied that there is a “reasonable possibility” the sentencing court will
require something more than speculation that some future intervention
offered a hope of control. By way of illustration, the Ontario Court of Appeal,
in R. v. McCallum, 2005 CanLII 8674 (ON C.A.), stated:
(47) Case law from this court and from the British Columbia Court of
Appeal under the former dangerous offender legislation and the
amended provisions has held that in order to achieve the goal of
protection of the public under the dangerous offender and long-term
offender provisions, there must be evidence of treatability that is
more than an expression of hope and that indicates that the specific
offender can be treated within a definite period of time: R. v.
Poutsoungas (1989), 49 C.C.C. (3d) 388 (Ont. C.A.); R. v.
31
Higginbottom (2001),[ CanLII 3989 (ON C.A.)]. In R. v. M.(J.S.) (2003),
173 C.C.C. (3d) 75 (B.C.C.A.), the court stated that the basic purpose
of the dangerous offender provision before the 1997 amendment
was the protection of the public and that under the amended
legislation, the test for achieving that goal is set out in s. 753.1(c),
namely, whether there is a reasonable possibility of control in the
community of the risk of the offender re-offending.
On the other hand, a “reasonable expectation” does not equate to certainty.
In R. v. Little, 2007 ONCA 548 (CanLII) (S.C.C. Application for leave to appeal
dismissed April 2008), the court observed:
[42] [...] The determination of whether an offender’s risk can be
reduced to an “acceptable” level requires consideration of all
factors, including treatability, that can bring about sufficient risk
reduction to ensure protection of the public. This does not require a
showing that an offender will be “cured” through treatment or that
his or her rehabilitation may be assured. What it does require,
however, is proof that the nature and severity of an offender’s
identified risk can be sufficiently contained in the community, a noncustodial setting, so as to protect the public.
Display 8 identifies a number of the factors what can be expected to be
relevant to the court’s consideration of whether lesser measures could be
expected to provide adequate protection.
Display 8: Factors relevant to the determination of the issues of “reasonable
expectation of adequate protection” and “reasonable possibility of
eventual control in the community.

Expert evidence of any psychiatric disorder with which the offender has
been diagnosed;

Expert evidence regarding the ability to treat effectively any psychiatric
disorder(s) with which the offender has been diagnosed;

The extent to which the achievement of public protection depends on
the satisfaction of contingencies, some of which may be entirely within
the control of the offender, i.e., whether to participate in treatment.
Reference on this issue may be made to R. v. J.S.M, 2003 BCCA 66, a
Crown appeal from the dismissal of a dangerous offender application. In
allowing the appeal and directing a new hearing, the Court found that
the offender’s assurances that he was willing to complete “chemical
castration treatment” was given without knowing the side effects of that
treatment for this offender and without any firm evidentiary basis for
concluding that the treatment would work.

Whether there is any evidence of a particular time span within which it is
expected that the offender may be cured or effectively treated;

The offender’s response to previous treatment;

Expert evidence consisting of an actuarial assessment of risk in relation
32
Display 8: Factors relevant to the determination of the issues of “reasonable
expectation of adequate protection” and “reasonable possibility of
eventual control in the community.
to the offender;

Evidence relating to the dynamic risk factors of an offender, including
evidence of drug or alcohol use, employment history, educational and
family or other supports (or lack thereof) within the community;

The offender’s response to previously imposed periods of community
supervision, including judicial interim release orders, probation, parole
and conditional sentence orders;

The offender’s conduct while in custody;

The criminal history of the offender, including uncharged criminal acts
established by the evidence;

The offender’s history of anti-social or deviant behaviour;

The acceptance of responsibility by the offender for his or her offences
and the offender’s willingness to engage in treatment; and

Levels of supervision available in the community to monitor and manage
the risk posed by the offender.
The question of whether an indeterminate sentence is needed to provide
adequate protection is a function, in part, of the programs that are available
and the levels of supervision that can be provided to an offender under a longterm supervision order. For this reason, during a dangerous offender hearing,
the prosecution should consider leading evidence as to the resources and
programs available to supervise and treat dangerous offenders during:


the custodial portion of a determinate sentence; and
the period of long-term supervision.
If the conditions that can be imposed by the National Parole Board and the
supervision available in the community under a long-term supervision order
are not sufficient to reduce the risk posed by that offender to an acceptable
level, the court must impose the sentence of indeterminate detention. See R.
v. M.J.O., 2008 ONCA 361 (CanLII); R. v. Little, 2007 ONCA 548 (CanLII) (S.C.C.
Application for leave to appeal dismissed April 2008)
Where it is appropriate to do so, the prosecution can argue that the programs
and levels of supervision available in the community are simply inadequate to
safely manage the degree of risk posed by the offender. Public safety, the
paramount purpose of the dangerous and long-term offender provisions,
cannot be left to chance and speculation as to the future availability of
resources to implement supervision orders. Although resource limitations
cannot be used to render the long-term offender regime meaningless, the
Ontario Court of Appeal held in R. v. Little:
‘[R]eal world’ resourcing limitations cannot be ignored or minimized
where to do so would endanger public safety. The court is required
33
on a dangerous offender application to balance the liberty interests
of an accused with the risk to public safety that will arise on the
release of the accused into the community. That balancing exercise
is informed by this fundamental principle: in a contest between an
individual offender’s interest in invoking the long-term offender
provisions of the Code and the protection of the public, the latter
must prevail.
Nevertheless, care should be taken in advancing the proposition that an
indeterminate sentence is required because of resource limitations in light
arguments that suggest that governments have a duty to ensure that
resources are in place to permit judges to perform the responsibilities
imposed upon them by law: R. v. Russell, [1998] M.J. No. 255; R. v.
McGarroch, 2003 CanLII 1974 (ON S.C.); R. v. Nault, 2002 CanLII 44945 (ON
C.A.). Another case that speaks directly to the issue of designation based on
resources is: R. v Nikolovoski,2002 Carswell Ont 4483, 104 C.R.R. (2d) 126
(2002) see para 114 and 178; decision in support of Long term supervision
designation affirmed at 194 OAC 258, 2005 Carswell Ont 513[ 2005] O.J. No.
494 (Ont CA Feb 15 , 2005)
Note:
In some jurisdictions, the prosecution may need to consider other
issues. In British Columbia, for example, the prosecution may need to
lead evidence on the treatment resources, programs and levels of
supervision that would be available for offenders following completion
of the long-term supervision order. This need flows from the British
Columbia Court of Appeal’s ruling in R. v. Laboucan, 2002 BCCA 376
(CanLII), reiterated in R. v. Goodwin, 2002 BCCA 513 (CanLII), that s.
810.1 and s. 810.2 of the Code should be seen as companion
provisions to the dangerous and long-term offender legislation that
can operate as follow-up measures when the period of long-term
community supervision expires. In Goodwin, the court said this:
There remains the problem of what to do with the [offender] at
the end of the ten year community supervision term. On the
evidence, I think there is every reason to expect…that the
[offender] will continue to be appropriately housed and monitored
indefinitely. He then must accept his medication and housing
arrangements as a condition of community living. This
compulsory aspect can be supplied by the annual recognizances
issued under s. 810.2.
2.1.24 Who bears the onus of establishing that there is reasonable
expectation that a lesser measure will adequately protect the public?
It would appear that neither party has a specific burden of reasonability for
establishing the possibility of eventual control. First, the offender is not
obliged to present evidence that a “lesser” sentence would be adequate,
34
however, if the defence does not provide any evidence that the offender can
be treated or that he is even willing to engage in treatment, then the court will
not have an evidentiary basis to find that the offender can eventually be
controlled in the community. In R. v. Grayer, 2007 ONCA 13 (CanLII), the
Ontario Court of Appeal stated:
(67) None of the fresh evidence deals directly with the particular
circumstances of the appellant. However, of greater significance is
the fact that, other than the brief statement made by the appellant
at the conclusion of the dangerous offender application, there is no
evidence or information that the appellant would be agreeable to
involving himself in a community-based program which would be
closely supervised. While I accept that there is no onus on the
appellant to offer evidence, either at trial or on appeal on these
issues, in the absence of evidence from the appellant, we are left with
the evidence at the hearing of the appellant's hostile and noncooperative attitude. To conclude that the appellant is a suitable
candidate for supervision within the community because the Windsor
Parole Office has access to a wide range of services would be
speculative at best. Much more than speculation is required to satisfy
the court that the appellant's risk to re-offend could be managed in
the community.
As the prosecution, in R. v. Moosomin, 2008 SKCA 168 (CanLII), the
Saskatchewan Court of Appeal addressed the burden of proof question as
follows:
[40] This Court adopts the reasoning of the other appellate courts in
Canada. There can be no burden of proof on the Crown to negate the
third criterion contained in s. 753.1 in the way in which the burden of
proof is usually conceived. Section 753.1 places an obligation upon
the sentencing judge to be satisfied on the basis of all the evidence
that “there is a reasonable possibility of eventual control” of the
offender’s risk “in the community.”
This is not a question of satisfaction based on proof beyond a
reasonable doubt or any other standard of proof. Practical
considerations will play a role in motivating both the Crown and the
defence in these kinds of proceedings. It will be advantageous to the
Crown, as well as the defence, to provide whatever evidence will
assist the court in determining whether the offender’s risk in the
community can be managed to an acceptable level.
The Ontario Court of Appeal arrived at the same conclusion in R. v. F.E.D.,
2007 ONCA 246 (CanLII):
[51]
In the context of a stand-alone long-term offender
application, the language of the statute appears to suggest a burden
on the Crown to prove affirmatively that there is a reasonable
35
prospect of eventual control of the offender in the community: e.g.
see R. v. Currie, 1997 CanLII 347 (S.C.C.), [1997] 2 S.C.R. 260 and
R. v. Guilford (1999), 44 W.C.B. (2d) 523 (Ont. S.C.J.). However, in my
view, the requirement in s. 753.1 that there be a reasonable
possibility of eventual control of the risk the offender presents in the
community is of a different character than the first two criteria in
that section and I do not agree that it is necessary to approach this
criterion as imposing a burden of proof.
[52]
The first two criteria in s. 753.1 are similar to the criteria in
the dangerous offender provisions. They speak to the level of risk the
offender is likely to pose in the future having regard to the offender’s
past conduct. They also establish the justification for subjecting an
offender to a special sentencing regime based on the need for public
protection. Accordingly, these are matters that the Crown should
properly bear the onus of proving on the standard of proof beyond a
reasonable doubt.
[53]
By way of contrast, the third criterion in s. 753.1 is not a
justification for subjecting an offender to the long-term offender
sentencing regime. Rather, it appears to be aimed solely at
addressing whether the offender qualifies for a long-term offender
designation as opposed to the more onerous dangerous offender
designation. Importantly, as with the dangerous offender provisions,
the long-term offender provisions give a sentencing judge a residual
discretion to forego the more onerous designation where a lesser
sanction would be sufficient to protect the public from the risk the
offender presents.
While the offender’s submission will be expected to play a significant part in
the courts considerations, more than an expression of hope is needed:
R. v. Haug, 2008 SKCA 23 (CanLII), para. 89; R. v. Allen, 2007 ONCA 421
(CanLII), para. 31; R. c. Boyer, 2006 QCCA 1091 (CanLII), para. 57-62. For
example, where the most favourable prognostication from an offender’s
perspective is that there is chance that the public will be protected adequately
if the accused accepts responsibility, if he is remorseful, if he is able to come
to terms with the underlying addictions fuelling his behaviour, if he commits
himself to a course of treatment, if that treatment is properly delivered and if
it is of assistance to the offender, it cannot be said that there is a reasonable
possibility of eventual control of the risk in the community (R. v. Poutsoungas
(1989), 49 C.C.C. (3d) 388 (Ont.C.A.)).
In R. v. J.S.M., 2003 BCCA 66, the court emphasized that the primary purpose
of the high-risk offenders measures, which is to provide protection to the
public, cannot be achieved if all that is required to conclude that long-term
supervision offers a reasonable possibility of control is a mere possibility that
the threat he or she poses can be reduced to an acceptable level. The purpose
of the legislation itself requires that emphasis be placed on the
36
reasonableness of the possibility of control: R. v. Pedden, 2005 BCCA 121
(CanLII) at para.30. Reference on this issue may also be made to R. v.
Stuckless, 1998 CanLII 7143 (ON C.A.) and R. v. Ryan, 2004 NLCA 2 (CanLII)
where it was emphasized that the legislation requires that there be a
reasonable possibility of risk control. See also R. v. Payne, 2001 CanLII 28422
(ON S.C.), where Hill, J. held that while “control of the risk” does not entail
elimination of the threat, there must be a realistic prospect of management of
that risk in the community, or control of the threat posed by an offender
within tolerable limits.
2.1.25 What happens if an offender is not found to be dangerous offender?
S. 753(5)(a) set outs two options for what can happen if the court finds that
the offender does not meet either set of dangerous offender criteria. First, it
can effectively end all consideration of the dangerous offender application and
proceed to sentence the offender for the offence for which he/she was
convicted.
Alternatively, the court can “… treat the application as an application to find
the offender to be a long-term offender, section 753.1 applies to the
application and the court may either find that the offender is a long-term
offender or hold another hearing for that purpose.” If this option is followed,
the long-term offender provisions come into play. Those provisions are
described in detail in Section 3 of this document, beginning at page 45.
2.1.26 Are appellate remedies available in dangerous offender cases?
S. 759 provides for appeals against dangerous offender and long-term
offender decisions. An offender who is found to be a dangerous or a long-term
offender may appeal from a decision on any ground of law or fact, or mixed
law and fact. The Attorney General can appeal only on a question of law.
2.1.27 Where do dangerous offenders sentenced to indeterminate
detention serve their sentences?
Dangerous offenders who receive indeterminate sentences are detained in
federal penitentiaries.
Like other federal offenders, when first admitted to the penitentiary,
dangerous offenders undergo an intake assessment. The process is a multidisciplinary approach that involves input from the courts, police and other
community agencies, as well as assessments by CSC personnel. In the case of a
dangerous offender, s. 760 requires that the court provide the Correctional
Services of Canada with:


copies of all the reports and testimony given by experts:
“any observations of the court with respect to the reasons for the
finding;” and
37

a transcript of the offender’s trial.
The admission assessment’s immediate objectives are to establish the
offender’s custody level and to develop an individualized correctional plan
that is designed to prepare them for eventual release. The plan outlines the
offender’s programming needs, short- and long-term goals, and a list of the
program interventions that are most likely to address the offender’s needs.
Once these are known, the offender is placed in an appropriate penitentiary.
The penitentiary placement decision is controlled by regulation and takes into
consideration factors such as:









the safety of the public, the offender and other persons in the
penitentiary;
use of the least restrictive environment required to protect the public;
the offender’s individual security classification;
the security level of the receiving institution;
accessibility to the offender’s home community and family;
the cultural and linguistic environment best suited to the offender;
the family and community relationships of the offender;
the availability of appropriate programs and services to meet the
offender’s needs; and
the offender’s willingness to participate in programs.
During incarceration, dangerous offenders, like other offenders, are
encouraged to attend programs to address personal problems such as
substance abuse or sexual deviance. They are also offered opportunities for
meaningful work and participation in programs designed to target skill deficits
and encourage personal growth.
2.1.28 Where do dangerous offenders not sentenced to indeterminate
terms serve their sentence?
Dangerous offenders who receive determinate terms, with or without the
addition of long-term supervision, are detained in either federal penitentiaries
or provincial correctional institutions, depending on the length of the sentence
and the credit granted for “time served.” If the “net” sentence is two years or
more, they will be sent to a federal facility. Dangerous offenders who, as a
result of credit for pre-sentence custody served, receive a sentence which
results in less than 2 years imprisonment, normally serve that fixed term in a
provincial correctional centre. In either case, the offender is eligible for parole
and other forms of conditional release in accordance with the applicable feral
or provincial correctional system.
38
2.1.29 Can dangerous offenders sentenced to indeterminate detention be
released on parole?
Dangerous offenders become eligible for full parole seven years from the date
their custody commenced and they become eligible for day parole four years
after that date. Indeed, the possibility of a conditional release is an essential
policy and constitutional component of the concept of preventative
detention.25
S. 761 assigns the National Parole Board (NPB) the responsibility of reviewing
the case of every dangerous offender as soon as they first become eligible for
parole and at least every two years thereafter.26 The reviews are done “… for
the purpose of determining whether [the dangerous offender] should be
granted parole under Part II of the Corrections and Conditional Release Act
and, if so, on what conditions.”
In addition to parole, dangerous offenders are eligible for unescorted
temporary absence passes and day parole three years before their full parole
eligibility date. Again, the National Parole Board is the body authorized to
grant these forms of conditional release.
The National Parole Board’s review and decision-making processes for
dangerous offenders are the same as those for other federal offenders. As
such, the protection of the public is the primary concern in any release
decision. The factors that the Board considers in making these decisions
include:






the offender’s background and criminal history;
the circumstances surrounding the offender’s crimes;
the offender’s behaviour within prison;
whether the offender has taken advantage of treatment and other
programming opportunities while incarcerated and the outcomes
reported from those treatment programs;
changes in the offender’s thinking and behaviour while in prison; and
the nature and feasibility of the offender’s release plans.
Conditional release for dangerous offenders is a gradual process that generally
begins after many years of incarceration. It typically begins with a number of
escorted and then unescorted temporary absences. If these releases proceed
without incident and other aspects of the offender’s performance, behaviour
and planning continue on a positive arc, the offender will move on to day
parole and finally full parole.
The Correctional Service of Canada (CSC) supervises offenders released on
temporary absences, day parole and parole and those offenders must obey
standard release conditions, as well as any special conditions imposed by the
National Parole Board to address offender-specific risk factors. If an offender
violates these conditions, or if other aspects of their behaviour indicate an
39
increase in risk, CSC can have them returned to custody where their cases are
reviewed by the Board to decide whether their conditional release should be
continued or revoked.
The standard release conditions, which apply to all conditional releases, are
set out in s. 161 (1) of the Corrections and Conditional Release Regulations.
Generally, they require that the offender report to a parole officer and remain
within certain geographic boundaries, and to keep their parole supervisor
apprised of their activities and whereabouts. The standard release conditions
are presented in Appendix D.
S. 133 (3) of the Corrections and Conditional Release Act authorizes the
National Parole Board to impose additional, special release conditions that are
“… reasonable and necessary in order to protect society and to facilitate the
successful reintegration into society of the offender.” Typically, the special
conditions relate to factors that have contributed to the offender’s criminal
behaviour. For example, these conditions might prohibit the consumption of
alcohol or drugs, prohibit any association with particular individuals, require
attendance at counselling or treatment programs, or prohibit unsupervised
contact with children or people the offender had victimized in the past.
2.1.30 What happens if a dangerous offender on parole breaches the
release conditions?
If it becomes known that the offender has breached a release condition or for
other reasons may be at greater risk of re-offending, the CSC officials
responsible for the offender’s supervision initiate a review process. The overall
structure and content of the review are set out in Commissioner’s Directive
715-3: Post-Release Decision Process.27 The process, which may include
interviews with the offender, looks at a range of case-specific factors to help
determine what action should be taken (See Display 9). The community-based
intervention options include:





additional treatment or programming to address dynamic risk factors;
additional control measures to manage risk (e.g., increased reporting,
increased urinalysis, community-based residential facility admission,
curfews, etc.);
a disciplinary interview;
directions and special instructions; and/or
amendments to special conditions.
If, however, the assessment concludes that the risk posed by the offender is
not manageable in the community, CSC authorities will suspend the offender’s
parole and issue a warrant of apprehension. Once the offender is in custody,
CSC again reviews the case to decide whether they will cancel the suspension
or refer the matter to the National Parole Board with a recommendation that
the parole be revoked.
40
When it receives a suspension-revocation referral, the National Parole Board
reviews the case to determine whether to revoke the dangerous offender’s
parole or cancel the suspension under s. 135 of the Corrections and
Conditional Release Act.
If National Parole Board revokes the parole of a dangerous offender sentenced
to indeterminate detention, the dangerous offender is returned to the
penitentiary where the Board will continue to review their case every two
years to consider whether a release on parole is warranted.
Display 9: Post-Release Decision Process Risk Assessment Framework
Following an offender’s violation of a condition or an increase in the level of risk,
the following factors, where applicable, will be taken into consideration when
conducting case conferences.
Review of Critical Risk Factors
a.
Current risk to re-offend, including existence of high risk
situations/triggers
b.
Offence cycle
c.
Existence of behavioural patterns in the institution related to the offence
cycle
d.
NPB decisions and any applicable comments
e.
Actuarial/clinical measures of risk and any other information from
psychological, psychiatric or supplementary assessments
f.
Mental health issues and current risk of suicide
Circumstances of the Violation/Increase in Risk
a.
Nature of the violation/increase in risk and its relationship to the offence
cycle
b.
Existence of a pattern of similar violations during the supervision period
c.
Police and preventive security information regarding the
violation/increase in risk
d.
Intoxicant type, the severity of the addiction and its relationship to the
offence cycle
e.
Victim concerns
Progress under Supervision
a.
Progress against case specific dynamic factors
b.
Length of time and level of stability in the community
c.
Information from collateral sources with special attention to recent
breakdown of relationships and domestic problems with particular
attention to family violence
d.
Previous response to interventions
e.
Demonstrated ability to manage offence cycle
f.
Recommendations from supervision team members, e.g., Psychologist,
Psychiatrist, community-based residential facility, program facilitators,
41
Display 9: Post-Release Decision Process Risk Assessment Framework
police, etc.
g.
History of substance abuse, type of intoxicant and its link to violent
behaviour
h.
Take into consideration an offender’s Aboriginal Social History when
assessing progress.
Strategies to Manage Risk
a.
Availability and suitability of additional treatment or programming to
address dynamic risk factors
b.
Availability and suitability of additional control measures to manage risk,
e.g., increased reporting, increased urinalysis, community-based
residential facility admission, curfews, etc.
c.
Availability of support systems including family members, friends,
employers and volunteers to assist the offender’s reintegration efforts
Source: Commissioner’s Directive 715-3: Post-Release Decision Process, Correctional
Service of Canada, June 16, 2008.
2.1.31 What happens if a dangerous offender is convicted of a new offence?
If a dangerous offender is convicted of a new serious personal injury offence
or of breach of a long-term supervision order, the prosecution can apply to
have the sentencing court remand the offender for an assessment: s. 753.01.
Once demand order is made, sentencing will proceed on the basis that the
offender has already been designated a dangerous offender. The sentencing
proceedings, therefore, will focus on determining the appropriate dangerous
offender sentence in the circumstances.



a determinate sentence only;
an indeterminate sentence; or
a determinate sentence plus a period of long-term supervision;
If, for example, the dangerous offender had been sentenced to indeterminate
detention originally and committed the new offence while on parole, the
prosecution could decide that a regular sentence would be sufficient.
However, in other circumstances it could be necessary to seek a more onerous
intervention. By way of example, if the dangerous offender had committed the
new offence while serving sentence determinate sentence or under long-term
supervision, the prosecution would likely want to seek an indeterminate
sentence. In these circumstances, the prosecution would make an application
to have the dangerous offender remanded for an assessment by experts(s)
designated by the court. Once the experts have filed their assessment report,
the prosecutor can:

apply to have the dangerous offender sentenced to indeterminate
detention; or
42

apply to have the court place the dangerous offender under long-term
supervision in addition to the sentence for the new offence. (Note: The
periods of long-term supervision to which an offender is subject at any
particular time cannot exceed 10 years: s. 755(2).)
In either case, the prosecution must, in accordance with s. 754(1), give the
offender and the court notice outlining the basis upon the application is
founded and obtain the consent of the Attorney General. The sentencing
hearing would be similar to the original dangerous offender hearing involving
the calling of evidence, including the evidence of recent parole supervisors
and experts. It should be noted that the does not need to recall victims who
gave testimony at the dangerous offender hearing as the original evidence will
be admissible for this hearing: s. 753.02.
Note:
The periods of long-term supervision to which an offender is subject at
any particular time must not total more than 10 years: s. 755(2).
If the prosecution applies for indeterminate detention, the court is required to
impose that sentence unless it is satisfied that there is “... a reasonable
expectation that a sentence for the offence for which the offender has been
convicted — with or without a new period of long-term supervision — will
adequately protect the public against the commission by the offender of
murder or a serious personal injury offence.”
If the prosecution applies to have the court place the dangerous offender
under long-term supervision in addition the sentence for the new offence, the
court is required to make the order unless it is satisfied that there is “… a
reasonable expectation that the sentence alone will adequately protect the
public against the commission by the offender of murder or a serious personal
injury offence.”
Endnotes
11
Alberta Justice. Crown Prosecutors' Policy Manual. Practice Memorandum: High
Risk Offender Tracking and Dangerous Offender- Long-Term Offender Applications.
May 20, 2008. (Source: www.justice.gov.ab.ca/publications/Default.aspx?id=5687)
12
Prior to July 2008, the courts had discretion whether to remand offenders for an
assessment, but The Tackling Violent Crime Act amended s.752.1(1) to remove the
court’s discretion when the statutory conditions are met.
13
The 1977 dangerous offender legislation required that assessments be done by two
psychiatrists, one for the defence and one for the prosecution. In 1997, the Code
was amended to allow the court to appoint appropriate experts to do a single
43
assessment for the court. The expert might be psychiatrists, but can be other
mental health or correctional experts.
14
Note: There may be scope for the court to extend the time available for a dangerous
offender assessment beyond the limits set out in legislation: R. v. Howdle, 2004
SKCA 39 (CanLII), leave to appeal to Supreme Court of Canada dismissed ; R. c.
Lavoie, 2008 QCCQ 7572 (CanLII).
15
Quinsey, V.L., Harris, G.T., Rice, M.E., & Cormier, C.A. (2006). Violent offenders:
Appraising and managing risk (Second Edition). Washington, DC: American
Psychological Association.
16
Ibid.
17
Hanson, RK. The development of a brief actuarial risk scale for sexual offense
recidivism (user report 97-04). Ottawa: Department of the Solicitor General; 1997.
18
Andrews, D.A. and Bonta, J. (1995). The Level of Service Inventory-Revised. Toronto:
Multi-Health Systems.
19
Nafekh M. & Motiuk L. (2002) The Statistical Information on Recidivism - Revised 1
(SIR-R1) Scale: A Psychometric Examination. Research Branch, Correctional Service of
Canada
20
Hanson, R.K. & Thornton, D. (1999). STATIC-99: Improving actuarial risk assessments
for sexual offenders. User Report 1999-02. Ottawa, ON: Department of the Solicitor
General of Canada.
21
Hanson, R. K., & Thornton, D. (2003). Notes on the development of the Static-2002
(User Report No. 2003-01). Ottawa, ON: Solicitor General Canada.
22
Hanson R.K., Harris A. (2000) The Sex Offender Need Assessment Rating (SONAR): A
Method for Measuring Change in Risk Levels. Corrections Research Department, the
Solicitor General of Canada.
23
Hanson R.K, Harris A.J, Scott T.L & Helmus L. (2007) Assessing the risk of sexual
offenders on community supervision: The Dynamic Supervision Project, Public Safety
Canada
24
Hare, R. D. (2003). The Psychopathy Checklist—Revised, 2nd Edition. Toronto: MultiHealth Systems.
25
The Supreme Court held that Part XXIV did not contravene Section 12 of the Charter,
which states that everyone has the right not to be subjected to any cruel or unusual
treatment or punishment. The court found that an indeterminate sentence under
the dangerous offender provisions does not amount to cruel and unusual
punishment, in part because the availability of parole ensures that incarceration is
imposed only for as long as the circumstances of that individual case require. D R. v.
Lyons [1987] 2 S.C.R. 309
26
The National Parole Board is required to complete annual reviews of the cases of
habitual criminal and dangerous sexual offenders sentenced to indeterminate
detention before 1977.
27
Copies of Commissioner’s Directives are published on the Correctional Service of
Canada website: http://www.csc-scc.gc.ca/text/plcy/toccd-eng.shtml
44
3 Long-term Offender Designation
Part XXIV of the Criminal Code includes provisions designed to help the
criminal justice system respond to high-risk offenders who do not meet the
dangerous offender criteria but still represent a threat that justifies a
preventative intervention. Like the dangerous offenders process, the longterm offender process must be launched after the offender is convicted but
before he/she is sentenced.
Briefly, a court can declare that an offender is a long-term offender if it is
satisfied that three conditions are met:
1. the offender should be sentenced to at least two years imprisonment:
2. there is a significant risk that the offender will reoffend causing death,
serious injury or other harm: and
3. there is a reasonable possibility that the risk can controlled in the
community.
When an offender is designated a long-term offender, the court must:


impose a sentence of imprisonment for a minimum of two years,
taking into account any credit for time served, for the offence; and
place the offender under long-term supervision for up to 10 years
beginning after he/she has fully served the prison sentence for the
offence, as well as any prison sentence imposed for other offences.
Offenders under long-term supervision orders are supervised by Correctional
Service of Canada officials and must abide by conditions established under the
Corrections and Conditional Release Act. If the offender breaches a long-term
supervision condition, he/she can be suspended and detained for up to 90
days and, ultimately, can be charged with a breach, an indictable offence
punishable by up to 10 years in prison.
The following questions and answers provide an overview of the long-termoffender regime and some detail concerning key processes and issues of
interest to criminal justice officials who might be dealing with a high-risk
offender or offenders.
3.1.1
How are potential long-term offenders identified?
Normally, prosecutors have the responsibility of identifying whether a
particular offender should be the target of a long-term offender application.
This may happen as early as the investigation leading to the charges or only
after the conviction. Often this screening process is assisted by local or
provincial high-risk offender strategies that help the police and prosecution
monitor high-risk offender cases to identify opportunities for intervention.
Tools such as the National Flagging System for High-Risk Offenders also
support these activities.
45
Once a potential target has been identified, the prosecution will review the
case to assess whether:


the offender meets the long-term offender criteria; and
the public would be adequately protected by a regular determinate
sentence.
The prosecution’s examination of these issues normally takes place at the
same time, looking at the same factors, as an examination of whether the
offender would be an appropriate target for a dangerous offender application.
Display 4, at page 16 of this document, identifies some of the factors that are
considered by prosecutors and, by extension, the kinds of information that
investigators would gather to support decision-making and, later, the Crown’s
arguments at a hearing.
3.1.2
When can the prosecution launch the long-term offender process?
The decision to pursue a dangerous offender or a long-term offender
designation will normally be made before trial. The formal process, however,
cannot be started until after the offender has been convicted.
3.1.3
What are the most important steps in the beginning of long-term
offender process?
The steps and procedures involved in the long-term offender application and
hearing process are, in general, the same as those used for a dangerous
offender application Please refer to the following sections of this guide:








3.1.4
2.1.4
What is the prosecutor’s “duty to advise”? Page 17
2.1.5
What role do police play in the dangerous offender process?
Page 19
2.1.7
How is the dangerous offender process started? Page 21
2.1.8
Who does the assessment? Page 21
2.1.9
How long does it take to get the assessment? Page 22
2.1.10 What is involved in an assessment? Page 22
2.1.11 Is either the prosecution or the court bound to accept the
expert’s conclusions? Page 24
2.1.12 What must happen before a dangerous offender application
can be heard? Page 25
What criteria must be met to find that someone is a long-term
offender?
Four criteria must be met before the sentencing court can conclude that an
offender is a long-term offender:
46
1) the offender must have been convicted of a “serious personal injury
offence” or one of the “substantial risk” offences listed in
s. 753.1(2)(a), see Display 10.
More importantly, s. 753.1(1) states the court may find that an individual is a
long-term offender only when it is satisfied that:
2) it would be appropriate to impose a prison sentence of two or more
years for the current offence;
3) there is a “substantial risk that the offender will re-offend;” and
4) there is a “reasonable possibility of eventual control” of that risk while
the offender is in the community.
Display 10:
151
152
153
163.1(2)
163.1(3)
163.1(4)
163.1(4.1)
172.1
173(2)
271
272
273
Other
“Substantial Risk” Offences, paragraph 753.1(2)(a)
sexual interference
invitation to sexual touching
sexual exploitation
making child pornography
distribution etc. of child pornography
possession of child pornography
accessing child pornography
luring child
Exposure
sexual assault
sexual assault with weapon threats to third party or causing bodily
harm
aggravated sexual assault
engaged in serious conduct of a sexual nature in the commission of
another offence of which the offender has been convicted;
This offence that would not qualify as a “serious personal injury offence” because
it carries a maximum sentence of less than 10 years
3.1.5
Does the long-term offender designation apply only to sexual
offenders?
The question of whether the long-term offender provisions apply only to
offenders convicted of a sex offence identified in s. 753.1(2)(a), or whether
they extend to offenders convicted of any serious personal injury offence has
been addressed by a number of appeal courts. The provisions apply to
offenders convicted of either a listed sexual offence or a serious personal
injury offence.
In R. v. McLeod, 1999 BCCA 347 (CanLII), the BC Court of Appeal dismissed the
offender’s submission that the sentencing judge had erred in finding him to be
a long-term offender because he had not been convicted of a sexual offence
listed in s. 753.1(2)(a). In her analysis, Madam Justice Prowse wrote:
47
[26] In my view, the meaning of 753.1 is straightforward, whether
read separately or in the larger context of Part XXIV of the Code. It
provides that a court may find an offender to be a long-term offender
if the three conditions set out in s-ss. 753.1(1)(a) to (c) are met:
(a) it would be appropriate to impose a sentence of imprisonment
of two years or more for the offence for which the offender has
been convicted;
(b) there is a substantial risk that the offender will reoffend; and
(c) there is a reasonable possibility of eventual control of the risk
in the community.
Subsection 753.1(2)(a) simply provides that the court must find
("shall be satisfied") that there is a substantial risk the offender will
reoffend if the conditions set out in that subsection are met. One of
those conditions is that the offender has been convicted of the sexual
offences set out in that subsection (which include sexual offences of a
less serious nature than those caught within the definition of "serious
personal injury offence" in s. 752). Thus, if an offender is convicted of
one of the sexual offences delineated in s. 753.1(2)(a), the court must
find that there is a substantial risk that the offender will reoffend;
that is, that the second condition in s. 753.1(1)(b) has been met.
Before the court can designate the offender a long-term offender,
however, the court must still determine whether the other two
conditions in s. 753.1(1)(a) and (c) have been satisfied.
More recently, the Nova Scotia Court of Appeal considered the same issue in
R. v. McLean, 2009 NSCA 1 (CanLII) and wrote:
[16]
In R. v. Weasel, 2003 SKCA 131 (CanLII), [2003] S.J. No. 854
(C.A.) (Q.L.); (2004), 181 C.C.C. (3d) 358 where the predicate offences
were assault causing bodily harm and common assault, Cameron,
J.A., writing for the Court, expanded upon the analysis in R. v.
MacLeod, supra, reached the same conclusion and succinctly stated
the result:
56 . . . we are of the opinion s. 753.1 extends to an offender
convicted of either a serious personal injury offence, as defined in
section 752, or an offence referred to in s. 753.1(2)(a). That being
so, s-s. (2) is to not to be seen as defining the term "substantial
risk" appearing in s. 753.1. Rather, it is to be seen as creating a
conclusive presumption of "substantial risk" in those
circumstances to which paragraphs (a) and (b) of the subsection
are addressed, leaving the issue of such risk in other
circumstances to be determined without the aid of the
presumption.
(See also R. v. K.R.S., [2004] S.J. No. 591 (Q.L.)(C.A.).
48
[17]
I would agree with this interpretation as do all other
provincial appellate courts that have considered this issue (see, for
example,[D.D. c. R., 2006 QCCA 1323 (CanLII)] (predicate offence attempted murder)). In R. v. Nash, [2002] O.J. No. 3394 (Q.L.)(Ont.
C.A.) the long-term offender designation (made pursuant to
s.753.1(1)) was upheld on appeal in relation to an appellant who had
been convicted of assault, assault with a weapon, threatening death,
unlawful confinement and breach of undertaking. In R. v. Nikolovski,
[2005 CanLII 3328] (Ont. C.A.) the long-term offender designation
was upheld where the predicate offence was bank robbery.
3.1.6
What factors are relevant to determining whether there is a
substantial risk to reoffend?
S. 753.1(2) states that the court “… shall be satisfied that there is a substantial
risk if the offender has been convicted of an offence listed in paragraph (a) and
meets one of the criteria identified in paragraph (b):
(i) has shown a pattern of repetitive behaviour, of which the offence
for which he or she has been convicted forms a part, that shows a
likelihood of the offender’s causing death or injury to other persons
or inflicting severe psychological damage on other persons, or
(ii) by conduct in any sexual matter including that involved in the
commission of the offence for which the offender has been convicted,
has shown a likelihood of causing injury, pain or other evil to other
persons in the future through similar offences.
The current consensus of opinion is that s.753.1(2) does not define
“substantial risk,” but creates a presumption that if an offender meets the
conditions the court must be satisfied that there is a substantial risk. On the
other hand, the court may conclude that it is satisfied that there is a
substantial risk based on factors and considerations other than those
referenced in s. 753.1(2): R. v. Weasel, 2003 SKCA 131 (CanLII); D.D. c. R.,
2006 QCCA 1323 (CanLII); R. v. McLean, 2009 NSCA 1.
3.1.7
What factors are relevant to whether there is a reasonable
possibility of eventual control of the risk in the community?
The legislation does not identify the factors that are relevant to determining
whether there is a reasonable possibility of eventual control of the risk posed
by the offender. It appears, however, that the factors here would be the same
as those that are examined by the court in assessing whether a “lesser
measure” will be adequate to protect the public in a dangerous offender case.
(See Display 8, at page 32 of this document).
Certainly, the programs that are available and the levels of supervision that
can be provided to an offender under a long-term supervision order will be
49
relevant to the question of whether eventual control is possible. For this
reason, during a long-term offender hearing, the prosecution will consider
leading evidence as to the resources and programs available to supervise and
treat offenders:



during custodial portion of a determinate sentence;
during the period of long-term supervision; and
after the long-term supervision has been completed.
In some long-term offender applications, it has been suggested that a
condition of long-term supervision requiring an offender to take anti-libidinal
medication may reduce risk to an acceptable level. The imposition of terms of
this kind raises complex legal and medical ethics issues for the National Parole
Board. The prosecution should be aware that the National Parole Board does
not impose conditions requiring offenders to take a particular medication.
Rather, the Board would impose conditions such as:



Follow psychiatric counselling, to be arranged by the offender’s
supervisor and as specified by the offender’s clinician;
Follow a treatment plan, to be arranged by the offender’s supervisor
and as specified by the offender’s clinician;
Take prescribed medication, as directed by the offender’s clinician.
In the result, The prosecution should be prepared to lead evidence on the
hearing as to the policy and practice of the National Parole Board with respect
to conditions of this kind.
If proposals for the use of anti-libidinal medication, the prosecution should
also explore whether there is valid and reliable research that demonstrates its
effectiveness in reducing sexual recidivism. It should be borne in mind that
sex drive is only one of many factors that may contribute to sexual offending.
In addition, the prosecution should consider leading evidence as to the side
effects, voluntary compliance rates and ethics of requiring offenders to take
particular kinds of medication.
These issues are illustrated by the British Columbia Court of Appeal’s decision
in R. v. J.S.M, 2003 B.C.C.A. 66. J.S.M., a Crown appeal from the dismissal of a
dangerous offender application. In allowing the appeal and directing a new
hearing, the Court of Appeal found that the offender’s assurance that he was
willing to complete “chemical castration treatment” was given without
knowing the side effects and without any firm evidentiary basis for concluding
that the treatment would work. Relying upon R. v. Poutsoungas (1989), 49
C.C.C. (3d) 388 (Ont.C.A.), the court found that the trial judge’s decision to
declare J.S.M. a long-term rather than dangerous offender based on his own
assurance, “was dependent on so many contingencies as to be little more than
an expression of hope rather than a finding from the evidence that could
reasonably serve as a basis for such a serious disposition.” It should be noted
that at the time of the re-hearing, the offender had voluntarily received bi-
50
weekly injections of a hormonal drug designed to reduce sex drive for just over
one year. He reported few side effects. This was a factor in the sentencing
court concluding that there was now a reasonable possibility that his risk could
be reduced to an acceptable level in the community. See also: R. v. Angers,
2004 BCCA 553 (CanLII) where a dangerous offender finding was upheld
notwithstanding that the offender was taking mediation known to reduce sex
drive and was reporting an 80% reduction in his deviant sexual fantasies; and
R. v. Noyes (1991), 1 BCAC 81 at para. 66.
3.1.8
Who bears the onus of establishing a reasonable possibility of
eventual control of the risk in the community?
It would appear that neither party has a specific burden of reasonability for
establishing the possibility of eventual control. For example, in R. v.
Moosomin, 2008 SKCA 168 (CanLII), the Saskatchewan Court of Appeal
addressed the burden of proof question as follows:
[40] This Court adopts the reasoning of the other appellate courts in
Canada. There can be no burden of proof on the Crown to negate the
third criterion contained in s. 753.1 in the way in which the burden of
proof is usually conceived. Section 753.1 places an obligation upon
the sentencing judge to be satisfied on the basis of all the evidence
that “there is a reasonable possibility of eventual control” of the
offender’s risk “in the community.”
This is not a question of satisfaction based on proof beyond a
reasonable doubt or any other standard of proof. Practical
considerations will play a role in motivating both the Crown and the
defence in these kinds of proceedings. It will be advantageous to the
Crown, as well as the defence, to provide whatever evidence will
assist the court in determining whether the offender’s risk in the
community can be managed to an acceptable level.
The Ontario Court of Appeal arrived at the same conclusion in R. v. F.E.D.,
2007 ONCA 246 (CanLII):
[51]
In the context of a stand-alone long-term offender
application, the language of the statute appears to suggest a burden
on the Crown to prove affirmatively that there is a reasonable
prospect of eventual control of the offender in the community: e.g.
see R. v. Currie, 1997 CanLII 347 (S.C.C.), [1997] 2 S.C.R. 260 and R. v.
Guilford (1999), 44 W.C.B. (2d) 523 (Ont. S.C.J.). However, in my view,
the requirement in s. 753.1 that there be a reasonable possibility of
eventual control of the risk the offender presents in the community is
of a different character than the first two criteria in that section and I
do not agree that it is necessary to approach this criterion as
imposing a burden of proof.
51
[52]
The first two criteria in s. 753.1 are similar to the criteria in
the dangerous offender provisions. They speak to the level of risk the
offender is likely to pose in the future having regard to the offender’s
past conduct. They also establish the justification for subjecting an
offender to a special sentencing regime based on the need for public
protection. Accordingly, these are matters that the Crown should
properly bear the onus of proving on the standard of proof beyond a
reasonable doubt.
[53]
By way of contrast, the third criterion in s. 753.1 is not a
justification for subjecting an offender to the long-term offender
sentencing regime. Rather, it appears to be aimed solely at
addressing whether the offender qualifies for a long-term offender
designation as opposed to the more onerous dangerous offender
designation. Importantly, as with the dangerous offender provisions,
the long-term offender provisions give a sentencing judge a residual
discretion to forego the more onerous designation where a lesser
sanction would be sufficient to protect the public from the risk the
offender presents.
3.1.9
What sentence is imposed on long-term offenders?
S. 753.1(3) stipulates that when it finds that an offender is a long-term
offender, the court must:


sentence the offender to two or more years imprisonment for the
current offence or offences ; and
place the offender under “long-term supervision” that begins after the
prison sentence, including any period of parole or statutory release are
fully served and lasts no more than 10 years.
Note: The actual sentence imposed on the offender may be less than two
years, so long as the sentence plus any credit given for time served total
two years or more: R. v. Quinto, 2006 SKCA 100 (CanLII); R. v. M.B.H.,
2004 CanLII 14199 (ON C.A.); R. v. W. (H.P.), 2001 ABCA 224 (CanLII)
3.1.10 Must the period of supervision be taken into account in determining
the appropriate term of imprisonment?
This question was addressed by the Supreme Court of Canada in R. v. L.M.,
2008 SCC 31 (CanLII):
The sentencing judge must not take the period of supervision of the
accused in the community as a long-term offender into account when
determining the acceptable length of his or her incarceration. Even
though a judge determining the length of a sentence of
imprisonment will also receive the application to find the offender to
be a long-term offender before passing sentence, it is important to
52
remain faithful to the conceptual distinction between sentencing and
the imposition of a supervision period. A judge who confuses these
two processes risks straying from the normative principles and the
objectives of sentencing. The principal objective of a prison sentence
is punishment, although a number of factors are considered in
determining its length, including the gravity of the offence, the
degree of responsibility of the offender, the parity principle and the
possibility of imposing a less restrictive sanction. In contrast, the
objectives of the supervision of an offender are to ensure that the
offender does not reoffend and to protect the public during a period
of supervised reintegration into society; the length of this period of
supervision is based on an offender’s criminal past and on the
likelihood that he or she will reoffend. (Page 4)
While it is inappropriate in a regular sentencing proceeding to impose a
sentence solely based on the treatment needs of the offender, this principle
arguably applies with less force to the sentencing of long-term offenders
where the predominant purpose of the proceeding is the protection of the
public. R. v. S.J.D., 2004 BCCA 78 addressed this issue in the context of a
sentencing proceeding for the offence of failing to comply with the terms of a
long-term supervision order contrary to s. 753.3 of the Code. Speaking for the
Court, Smith J.A. said this:
[40] Since public protection is the dominant purpose of the
dangerous offender and long-term offender provisions of the Code,
rehabilitation, deterrence, and retribution assume relatively less
importance as discrete sentencing objectives under s. 753.3 than
prevention of recidivism: see, for example, [R. v. Lyons, 1987 CanLII
25 (S.C.C.)] [R. v. Payne, 2001 CanLII 28422 (ON S.C.)]; and [R. v.
W.(H.P.), 2003 ABCA 131 (CanLII)].
[41] However, rehabilitation and effective risk management in the
community serve the goal of public protection to the extent that they
forestall recidivism by long-term offenders. Accordingly, treatment
needs are an appropriate consideration in sentencing for breach of a
long-term supervision order.
[42] …It was not an error in these circumstances for [the sentencing
judge] to conclude that a term of imprisonment of sufficient length to
permit treatment of the appellant was in accordance with principles
and objectives of sentencing under s. 753.3.
These remarks, though made in the context of sentencing for breach of a longterm supervision order, may also be applicable to the imposition of a fixedterm sentence for long-term offenders. If, for example, the evidence is
unequivocal that treatment of an offender and the protection of the public
can best be achieved through the imposition of a federal length sentence so
that advantage may be taken of federally available programs (or programs
53
which take longer to complete) this may be a factor in the determination of
the length of the custodial term.
3.1.11 Are appellate remedies available in long-term offender cases?
S. 759 provides for appeals against dangerous offender and long-term
offender decisions. An offender who is found to be a dangerous or a long-term
offender may appeal from a decision on any ground of law or fact, or mixed
law and fact. The Attorney General can appeal only on a question of law.
3.1.12 What is long-term supervision?
Long-term supervision is the preventative part of the sentence that is imposed
on long-term offenders and certain dangerous offenders. A period of longterm supervision is always proceeded by a prison sentence of two or more
years taking into account any credit for time served. The Correctional Service
of Canada supervises all offenders in the community under a long-term
supervision order, including any that may have served their prison sentence in
a provincial facility because the time served credit reduced their effective
sentence to less than two years.
3.1.13 What conditions are placed on offenders under long-term
supervision orders?
The conditions imposed on offenders under long-term supervision orders are
governed by the Corrections and Conditional Release Act. The sentencing court
can suggest or recommend conditions, but cannot impose them.
The standard long-term supervision conditions, which are also the standard
parole conditions, are set out in s. 161 of the Corrections and Conditional
Release Regulations: Appendix F:: Standard Release Conditions. Generally,
they require that offender:






report to a parole supervisor on a scheduled basis;
report to the police as required by the parole supervisor;
remain within the territorial boundaries fixed by the parole supervisor;
obey the law and keep the peace;
inform the parole supervisor immediately on arrest or on being
questioned by the police; and
advise the parole supervisor of any change of residence, employment
and related activities, and domestic or financial situation.
In addition, s. 134.1(2) of the Corrections and Conditional Release Act
authorizes the National Parole Board to impose what are commonly referred
to as special conditions: conditions that are “… reasonable and necessary in
order to protect society and to facilitate the successful reintegration into
society of the offender.” 28 The Board’s policy is that:
54
Exceptional care must be taken in writing and imposing special
conditions on these offenders to ensure they are clear, reasonable
and enforceable, and specific to those characteristics and behaviours
of the offender which could lead to substantial risk to the community
[…]. 29
The process of developing and imposing special conditions is initiated by CSC
officers who identify the need during the planning that precedes a period of
long-term supervision, or during the reviews and assessments that are part of
the community supervision process. Where CSC sees a requirement for such
conditions, it submits its recommendations and supporting arguments to the
National Parole Board for its review and decision.
3.1.14 Can an offender under long-term supervision be placed in a
residence designed for offenders?
Yes, in very specific circumstances. The National Parole Board can impose a
special condition requiring the offender to reside in a federal communitybased residential facility if it decides it is needed to protect public safety.
Given the restrictive nature of this condition, the Board will only impose a
residential condition after a hearing attended by the offender. Residency
conditions expire after 180 days, unless the Board renews the condition after a
formal review.
The use of a condition to reside is restricted to circumstances where it is the
only alternative short of returning the offender to secure custody and/or
recommending that a criminal charge of breaching a long-term supervision
order be laid. In order to obtain a condition to reside the Correction Service of
Canada must present the National Parole Board with evidence that will enable
the Board members to form the conclusion that the offender presents a
substantial risk of committing serious harm or injury without the imposition of
a residency condition.
3.1.15 Can the National Parole Board impose conditions requiring the
offender to participate in treatment?
Yes! Although the National Parole Board will not impose a condition requiring
the offender to take a specific treatment, such as sex drive reduction
medication, it does impose conditions that require that the offender “follow
psychiatric counselling.” If the treatment plan includes a prescription for
specific medication, the Correctional Service of Canada may interpret the
offender’s refusal to take the medication as a breach of the long-term
supervision conditions.
In R. v. Payne, 2001 CanLII 28422 (ON S.C.), Hill J. held that:
An offender on conditional release by way of a long-term supervision
order may be compelled by a term of the order to undertake
55
treatment and related pharmaceutical intervention where essential
to management of the accused’s risk of re-offending. In other words,
the offender’s consent to such a condition is not required. Should the
offender breach terms of the order respecting treatment or
medication, he or she is subject to apprehension with suspension of
the order pursuant to s. 135.1 of the Act [the Corrections and
Conditional Release Act or to arrest and prosecution pursuant to
s.753.3(1) of the Code. The entire object of the long-term offender
regime would be undermined by providing the offender the ability to
defeat risk management. Accordingly, mandatory treatment and
medication conditions in an order are a proportionate response to
protecting the public from a person who, by definition, is a
substantial risk to re-offend.
This reasoning was adopted by the British Columbia Court of Appeal in R. v.
Goodwin, 2002 BCCA 513 (CanLII).
In Deacon v. Canada (Attorney General) (F.C.A.), 2006 FCA 265 (CanLII), the
offender challenged a condition of his long‑term supervision order requiring
him to “take medication as prescribed by a physician” to reduce his deviant
arousals. The Federal Court of Appeal court dismissed the appeal, writing:
(1) The scope of the Board’s jurisdiction to impose conditions upon
long-term offenders is set out in subsection 134.1(2) of the CCRA
which provides that “The Board may establish conditions for the
long-term supervision of the offender that it considers reasonable
and necessary in order to protect society and to facilitate the
successful reintegration into society of the offender”. Parliament
intended to grant the Board a broad discretion to set conditions for
the long-term supervision of offenders such as the appellant.
However, the statute does not expressly confer upon the Board the
jurisdiction to impose medical treatment conditions. The
interpretation of subsection 134.1(2) started with an analysis of the
purpose and object of the long-term supervision order, as established
by the CCRA and Part XXIV of the Criminal Code. The purpose of the
long-term offender provisions is clear. An offender whose conduct is
not “pathologically intractable”, in that there is a reasonable
possibility that he can eventually reach a stage where, although not
curable, his risk can be controlled in the community, will qualify for
long-term offender status. Long-term supervision orders thus pursue
two main objects: first, protecting society, and second, enhancing the
social reintegration of long-term offenders, whenever possible, by
granting release under the least restrictive conditions consistent with
the protection of society. If these objects are to be achieved, the
Board must possess the power to impose a medical treatment
condition in appropriate circumstances. Such conditions, when
necessary to control the offender’s risk of re-offending, fall within the
56
Board’s jurisdiction under subsection 134.1(2) to impose “reasonable
and necessary” conditions.
3.1.16 What happens when an offender breaches the conditions of a longterm supervision order?
CSC can suspend the release of an offender on long-term supervision in order
to prevent a breach of any condition of that offender’s order or to protect
society. This extraordinary measure is only considered when the CSC has
determined that the alternatives to manage risk in the community will not
afford sufficient protection to public safety.
When a suspension is ordered under s. 135.1 of the Corrections and
Conditional Release Act, a Canada-wide warrant is distributed and entered on
CPIC. Once apprehended, the offender will be committed for a maximum
period of 90 days in a federal community-based residential facility or a mental
health facility, unless the person issuing the warrant is satisfied that a
commitment to custody is necessary, in which case the offender will be held in
a prison.
Once an offender has been detained under a suspension warrant, CSC has 30
days to review the case and decide whether to cancel the suspension or refer
the matter to the National Parole Board. When the matter is referred,
ss. 135.1(6) of the Corrections and Conditional Release Act provides that the
Board has 60 days to decide whether to:
(a) cancel the suspension, where the Board is satisfied that, in view
of the offender’s behaviour while being supervised, the resumption of
long-term supervision on the same conditions would not constitute a
substantial risk to society by reason of the offender reoffending
before the expiration of the period of long-term supervision;
(b) where the Board is not satisfied as provided in paragraph (a),
cancel the suspension and order the resumption of long-term
supervision on any conditions that the Board considers necessary to
protect society; or
(c) where the Board is satisfied that no appropriate program of
supervision can be established that would adequately protect society
from the risk of the offender reoffending, and that it appears that a
breach has occurred, recommend that an information be laid
charging the offender with an offence under section 753.3 of the
Criminal Code.
Note:
A breach of a long-term supervision order is a Criminal Code offence
and the police can proceed with charges, with or without National
Parole Board involvement, if they have evidence of the breach.
57
3.1.17 What sentences are imposed for breaches of a long-term supervision
order?
Breach charges under s. 753.3 will, no doubt, cover a continuum of conduct:
R. v. W.(H.P.), 2003 ABCA 131 (CanLII). Where, as in R. v. S.J.D., 2004 BCCA
78,, the conduct underlying the breach either emulates the behaviour that was
the grounds for long-term offender designation or sentence or involves a
condition that is central to the management of the offender’s risk, substantial
penitentiary sentences may be warranted. Protection of the public is the
dominant purpose of a sentencing proceeding under s. 753.3 of the Code.
Accordingly, the sentencing goals of rehabilitation, deterrence and retribution
assume relatively less importance as discrete sentencing objectives than the
prevention of recidivism. At the same time, it is possible, when sentencing
under s. 753.3, to impose a term of imprisonment of sufficient length to
permit treatment of the offender.
The conduct of the offender that gave rise to the breach cannot be viewed in
isolation. As noted in S.J.D.:
The gravity of an offence under s. 753.3 must be measured with
reference not only to the conduct that gave rise to the offence, but
also with regard to what it portends in light of the offender’s entire
history of criminal conduct. To consider only the moral turpitude
associated with the sort of innocuous conduct that s. 753.3 renders
criminal (e.g. engaging a child in conversation) is not a useful way to
gauge the appropriate sentence for breach of a long-term
supervision order.
The Court in S.J.D. emphasized that the maximum sentence of 10years under
s. 753.3 reflects Parliament’s view of the seriousness of the offence. Further,
s. 753.3 creates a new offence within a new scheme designed to deal with
preventative detention rather than with the traditional “just desserts” theory
of sentencing.
Note that under s. 753.4(1) where an offender who is subject to a long-term
supervision order is sentenced to a further period of incarceration for offences
under the Code or any other Act, the long-term supervision order is
interrupted until the offender has finished serving that sentence. Under
s. 753.4(2), a court may grant a reduction in the length of the offender’s longterm community supervision.
In S.J.D., the Court declined to resolve whether the provisions of s. 753.4(1) or
(2) are relevant to the fitness of a sentence imposed under s. 753.3. The issue
of the extent to which totality considerations come into play in such a
situation is, as a result, unclear. What is clear is that a decision to reduce the
length of a long-term supervision order in conjunction with imposing a
sentence under s. 753.3 is a matter that falls within the broad discretion of the
sentencing judge.
58
3.1.18 What options are available for dealing with offenders when the
period of long-term supervision has ended?
In R. v. Laboucan, 2002 BCCA 376 (CanLII) and R. v. Goodwin, 2002 BCCA 513
(CanLII), the British Columbia Court of Appeal concluded that s. 810.1 and s.
810.2 could be seen as companion provisions to the long-term supervision
option that can be used as a follow up measure when the period of
supervision expires and the offender still presents a high-risk of offending.. In
Goodwin, the Court said this:
There remains the problem of what to do with the [offender] at the
end of the 10-year community supervision term. On the evidence, I
think there is every reason to expect …that the [offender] will
continue to be appropriately housed and monitored indefinitely.
Then he must accept his medication and housing arrangement as a
condition of community living. This compulsory aspect can be
supplied by the annual recognizances issued under s. 810.2.
On the other hand, in R. v. Wormell, 2005 BCCA 328 (CanLII), where the
offender appeal against a dangerous offender designation was based, in part,
on the grounds that the sentencing judge fail to consider the availability of
ongoing supervision under section 810.1 after a long-term offender sentence,
Madam Justice Southin wrote:
[37]
I appreciate that in R. v. Goodwin 2002 BCCA 513 (CanLII),
(2002), 168 C.C.C. (3d) 14, 2002 BCCA 513, my colleague, Donald J.A.,
concurred in by my colleague, Rowles J.A., said of this section, in
paragraph 5:
This section came into force at the same time as the longterm offender provisions in 1997. In my opinion, it should
be seen as a companion provision one that can operate as a
follow-up measure when the term of community
supervision expires and should be employed that way in this
case.
[38]
I note that no mention of the section was made in R. v.
Johnson.
[39]
In the circumstances of this case, I am of the opinion that
the learned judge's conclusions on the dangerousness of the
appellant make [the availability of section 810.1], for present
purposes, of only peripheral relevance.
If, in fact, the judicial restraint provisions should be factored into the
resolution of a dangerous/long-term offender application, the prosecution
should perhaps lead evidence as to the levels of supervision and treatment
programs that are provided by the province’s correctional services to high-risk
offenders subject to a recognizance ordered under s. 810.1 or s. 810.2, as
opposed to those provided by the Corrections Service of Canada for long-term
59
offenders. To this end, the prosecution might consider calling a representative
of provincial corrections to address this issue. The prosecution should also
ensure that the sentencing court understands the benefits and limitations
associated with an 810.1 or 810.2 order – both the terms that can be imposed
in relation to such an order and the resources that are available to supervise
and treat a high-risk offender at this stage.
Endnotes
28
Corrections and Conditional Release Act, 1992, c. 20
134.1 (1) Subject to subsection (4), every offender who is required to be supervised
by a long-term supervision order is subject to the conditions prescribed by
subsection 161(1) of the Corrections and Conditional Release Regulations, with such
modifications as the circumstances require.
Conditions set by Board
(2) The Board may establish conditions for the long-term supervision of the offender
that it considers reasonable and necessary in order to protect society and to
facilitate the successful reintegration into society of the offender.
Duration of conditions
(3) A condition imposed under subsection (2) is valid for the period that the Board
specifies.
Relief from conditions
(4) The Board may, in accordance with the regulations, at any time during the longterm supervision of an offender,
(a) in respect of conditions referred to in subsection (1), relieve the offender from
compliance with any such condition or vary the application to the offender of any
such condition; or
(b) in respect of conditions imposed under subsection (2), remove or vary any such
condition.
1997, c. 17, s. 30.
29
National Parole Board, Policy Manual, 8.3 Offenders with a Long-term Supervision
Order, www.npb-cnlc.gc.ca/, under “Legislation and Policy.” downloaded February
15, 2009.
60
61
4 Peace Bonds
Peace bonds, also called recognizances, Judicial restraint orders, “section 810
orders,” “,” and “sureties to keep the peace,” have existed in Canadian law
since the first Canadian Criminal Code in 1892. Throughout most of the
Twentieth Century, the law in this area was confined to provisions allowing
individuals to seek court orders to “restrain” the activities of another person
because that person threatened them, their family or property. In the 1990’s,
three additional measures were adopted:



s. 810.01 allows for intervention where there is a fear of a criminal
organization or terrorism offence;
s. 810.1 allows the court to place conditions on a person where there
are reasonable grounds to fear that he/she will commit a sex offence
against someone under the age of 16 years; and
s. 810.2 focuses on situations where there is fear of a serious personal
injury offence, the same offences targeted by the dangerous offender
and long-term offender provisions. These orders, like the dangerous
offender and long-term offender procedures, are exceptional measures
that are only available if the Attorney General consents.
This section of the guide provides an overview of the s. 810.1 and s. 810.2
orders which target the same high-risk offenders that are targeted by the
measures contained in Part XXIV of the Criminal Code. Police services often
seek peace bonds to help deal with high-risk sexual offenders who are
released from prison at the end of their sentences or who are being monitored
because they have been identified as threats for other reasons. Because
these orders are extraordinary measures, some police services and Attorneys
General have developed policy that guides how and when they will be
requested.
S. 810.01, 810.1 and s. 810.2 orders share the following features:


The measures are designed to be preventative, not punitive. For this
reason, they can be used to deal with offenders, as well as individuals
who have no previous criminal record.
The normal maximum duration of an order is one year, except that
○
the maximum duration of an 810.1 order is two years if the
targeted offender has been convicted of a criminal organization or
terrorist offence (as of June 26, 2009); and
○
the maximum duration of an 810.1 order is two years if the
targeted offender has been convicted of a sexual offence against a
child; and
○
the maximum duration of an 810.2 order is two years if the
targeted offender has been convicted of a serious personal injury
offence.
62



The court can impose any conditions that are reasonable and that the
judge considers desirable to secure the person’s good conduct.
A breach of an order is an offence punishable on summary conviction
or, if dealt with as an indictable offence, by up to two years
imprisonment.
If an individual refuses to enter into a recognizance, they can be
imprisoned for up to one year.
The questions and answers presented below provide an overview of the
s. 810.1, s. 810.2 orders, and some detail concerning key processes and issues
of interest to criminal justice officials who might be dealing with a high-risk
offender or offenders.
Terminology Notes:
1. The term “defendant” is used here to identify the person who is
named in the information seeking a peace bond, or who has been
placed under such an order. Some sources use the term “respondent”
in place of “defendant.”
2. The term “applicant” refers to the person, usually a police officer who
lays the information seeking a peace bond.
4.1.1
What is an 810.1 order?
S. 810.1 (1) allows anyone who has reasonable grounds to fear that the
defendant will commit one of the listed sexual offences (see Display 11)
against a child under sixteen years to lay an information asking a provincial
court judge to order the defendant to abide by conditions that will reduce or
remove the threat.
Display 11:
151
152
155
159
160(2)
160(3)
170
171
173(1)
173(2)
271
272
273
Sexual Offences listed in s. 810.1
sexual interference
invitation to sexual touching
Incest
anal intercourse
compels another to commit bestiality
in the presence of a person under the age of 16 years, commits
bestiality or incites a person under the age of 14 to commit bestiality
parent or guardian procuring sexual activity by a child
householder permitting sexual activity prohibited by the Act by a
child
indecent acts
exposure of genital organs to a person under the age of 14
sexual assault
sexual assault with a weapon/threats/causing bodily harm
aggravated sexual assault
63
4.1.2
What is an 810.2 order?
S. 810.2 (1) allows anyone who has reasonable grounds to fear that defendant
will commit “serious personal injury offence” to lay an information asking a
provincial court judge to order the other person to abide by conditions that
will reduce or remove the threat. The term “serious personal injury offence”
has the same meaning here as it does in s.752:
"serious personal injury offence" means
(a) an indictable offence, other than high treason, treason, first
degree murder or second degree murder, involving
(i) the use or attempted use of violence against another person, or
(ii) conduct endangering or likely to endanger the life or safety of
another person or inflicting or likely to inflict severe psychological
damage on another person,
and for which the offender may be sentenced to imprisonment for
ten years or more, or
(b) an offence or attempt to commit an offence mentioned in section
271 (sexual assault), 272 (sexual assault with a weapon, threats to a
third party or causing bodily harm) or 273 (aggravated sexual
assault).
Note: S. 810.2 applications can only be made with the consent of the
provincial Attorney General. Police officers contemplating making such
an application should consult with the prosecution service at their
earliest opportunity.
4.1.3
Are peace bonds acceptable under the Charter?
R. v. Budreo, 2000 CanLII 5628 (ON C.A.) is one of the key decisions in the
evolution of peace bonds in Canada. The Ontario Court of Appeal held that
Section 810.1 of the Criminal Code of Canada (Where fear of a sexual offence)
did not contravene the rights guaranteed by sections 7, 9, 11, and 15 of the
Canadian Charter of Rights and Freedoms.
The court also found that



s. 810.1 does not create an offence or mete out a criminal punishment
as it is a preventative provision aimed at the protection of children;
it is not overbroad as the restrictions stop short of detention or
incarceration and the restrictions on the offender’s liberty are
proportional to important social interests;
the impossibility of making exact predictions as to the offender’s
present likelihood of future dangerousness or present risk of
committing a sexual offence against children in the future does not
64


4.1.4
render the section overbroad or contrary to principles of fundamental
justice;
a s.810.1 order could be imposed in a situation where a defendant had
no previous criminal convictions for sexual offences against children;
and
s. 810.1 was not void for vagueness.
Who can ask the court to make an order?
The Criminal Code says that “any person” can be an applicant and “lay an
information” seeking a peace bond. In practice, a police officer is usually the
applicant.
It is important to note that the applicant does not have to personally know or
have had contact with the defendant. Similarly, the applicant does not have to
identify specific individuals as the defendant’s likely or potential victims.
4.1.5
How is the peace bond process started?
Most often, the process is initiated by the police who identify possible
candidates for peace bonds through criminal investigations, concerns raised by
victims or others in the community and information from other police services.
They are assisted in this effort by specialized measures such as the National
Flagging System for High-Risk Offenders.
In addition to the above, correctional agencies routinely send release notices
to police advising them of the pending release of high-risk offenders. The
Corrections Service of Canada, for example, forwards a Warrant Expiry Release
(WED) Package to the police service in the jurisdiction where a high-risk
offender who will be released without any form of supervision is believed to
be going. 30 The package, which CSC sends out up to 90 days before the
offender’s release, includes information such as:







a current photograph;
risk assessments:
copies of National Parole Board decisions;
criminal history and the details of the current offence(s);
copies of psychiatric and/or psychological reports relevant to the
assessment of risk;
any information with respect to potential victims and any information
shared with actual victims: and
other relevant documentation that CSC believes will assist police in
developing their plan for the case.
Offenders approaching the end of their sentences are under no legal
obligation to give prison authorities information about where they plan to go
65
upon release. This means that, while the correctional authorities make every
effort to determine where an offender is going, they may not know where to
send the WED package.31 If police become aware that a recently released
high-risk offender is in their community and they have not received a WED
Package, they are encouraged to contact the nearest federal or provincial
correctional office, depending on where the offender had been serving his
sentence.32
Once the police have identified a high-risk offender as a possible defendant in
a peace bond application, they have to gather the information and evidence to
help determine whether it would be reasonable and appropriate to proceed
with an application and to serve as evidence at the hearing. It is
recommended that the evidence be gathered and assessed in consultation
with the Crown prosecutor’s office that will be responsible for conducting any
judicial restraint application that is made, as well as the province’s coordinator
for the National Flagging System for High-Risk Offenders.
4.1.6
What is the police officer’s role in the process?
The range of activities that the will be undertaken by the police officer in the
course of preparing for and making an application for a peace bond include:





Conducting the investigation to help determine whether there is
sufficient evidence to establish the necessary grounds to obtain a
peace bond. The investigation activities would include:
○
obtaining and reviewing risk assessment documentation of the
type contained in the WED package prepared by federal or
provincial correctional authorities;
○
reviewing police occurrence reports and Crown briefs;
○
interviewing community and institutional correctional staff who
have assessed and dealt with the defendant;
○
interviewing the defendant, if possible;
○
consulting community correctional officers and others about
programs and services that could work with the defendant to
reduce the risk that they will commit violent or sexual offences;
Consulting with the Crown prosecutor and/or a Department of the
Attorney General official with responsibilities to:
○
determine whether to proceed with an application;
○
obtain the consent of the Attorney General if an 810.2 order is
being sought and
○
prepare for the conduct of the application;
Drafting the recognizance order including proposed conditions.
Swearing the information,
Compelling the defendant’s appearance at the hearing;
66


4.1.7
Participating in monitoring and supervising the defendant while the
order is in effect; and
Taking appropriate enforcement action if there is a breach of the
conditions of an order.
Why interview the defendant?
It is suggested that the police interview the defendant wherever possible,
even if he/she is an offender and still in prison. The interview will serve two
purposes. First, it will add to the information needed to assess if there are
reasonable grounds to proceed with an order. Second, it will allow the police
to make personal contact with the offender and potentially gain his/her
cooperation. Police are often successful in convincing the offender to agree to
the conditions of an order before they are released from custody. This is
particularly so when the offender understands the reason for certain
conditions and is made aware of the supports and community interventions
that will be available to help him/her successful reintegrate into the
community. Offenders can often be persuaded to “buy-into” the process, so
that there will be no surprises once they leave prison.
With this in mind, it is important that the offender understand that they are
not obligated to consent to the order, that they may contest it, and that they
are entitled to legal representation both at the hearing and prior to deciding if
they want to sign the order. They must also understand that the ultimate
decision will be made by the judge after the hearing. If the offender does not
understand their right to refuse and right to counsel, the order may later be
held to be involuntary.
4.1.8
What is the prosecutor’s role in the process?
The prosecutor’s specific responsibilities with respect to obtaining judicial
release orders vary from jurisdiction to jurisdiction. Generally, it can be
expected that a prosecutor(s), working in collaboration with the police, will be
involved in or fully responsible for:





preparing the documentation required to obtain the consent of the
Attorney General for an applicant to apply for an 810.2 order related to
a defendant who is likely to commit a “serious personal injury offence;”
preparing the briefing document and/or reports required for other
decision by the department in relation to an application for a peace
bond;
drafting the recognizance and conditions;
conducting the application; and
conducting the prosecution of any breach of condition charges.
Where a defendant consents to enter into a peace bond, the prosecution
should ensure that the defendant has been advised of their right to counsel
67
and that they understand that they are entitled to remand their case until they
can consult with a lawyer. Where an unrepresented defendant consents to the
order, especially on their first court appearance, the prosecutor should
arrange for the defendant to speak to duty counsel before entering into the
recognizance. Unless this is done, the recognizance is open to attack on
grounds that it was not entered into voluntarily or that consent was not
informed.
4.1.9
What information is needed to support a request for a peace bond?
The provincial court judge that hears the application must be satisfied by the
evidence that the applicant presents that there are “reasonable grounds for
the fear” that the defendant will commit a sexual offence against a child in the
case of an 810.1 order, or a serious personal injury offence in the case of an
810.2 order. While the evidence that will be needed to support an application
will be case-specific, the following is, generally, the kind of information that
the police and prosecution consider for submission to the courts:









details about past offences including information about vulnerable
victims, escalating violence, demonstrated lack of personal control, etc;
psychiatric/psychological assessments and any formal diagnoses as
sexual deviancy or psychopathy;
the results of actuarial risk assessments;
evidence or testimony that the offender lacks empathy, remorse, or
insight into their problems;
the offender’s plans upon release into the community (living
arrangements, work or school plans, treatment/counselling
arrangements; etc.);
evidence about past violent behaviour, including behaviour for which
the defendant has been charged but not convicted;
the defendant’s criminal record;
victim impact statements; and
evidence about the defendant’s participation in and response to
treatment, counselling and supervision in institutions and in the
community.
4.1.10 What constitutes “reasonable grounds for fear”?
In R. v. Budreo, 1995 CanLII 7198 (ON S.C.), Justice Then addressed the
evidentiary standard in judicial restraint cases in these terms:
[29] It is clear then that the use of the word “fear” in a legislative
context does not put the judicial process at the mercy of
unsubstantiated paranoia but requires an allegation to be objectively
provable. Judges should take care before exercising their preventive
68
jurisdiction. Both ss. 810 and 810.1 speak of a reasonably grounded
fear that the defendant “will” commit an offence. To my mind, as a
matter of legislative construction, this takes the appropriate
threshold a notch above a simple demonstration that the defendant
is more likely than not to commit an offence. A reasonably grounded
fear of a serious and imminent danger must be proved on a balance
of probabilities. The court under s. 810.1 must therefore scrutinize
carefully the evidence put before it […].
[32] It is true that the section at hand does not specify what type of
evidence should be led to persuade the judge of a reasonable
apprehension of harm. However, the exercise of preventive powers is
generally based on the three factors outlined by the Supreme Court
of Canada in [R. v. Lyons, 1987 CanLII 25 (S.C.C.), para. 33]: “criminal
qualities inherent or latent in the mental constitution, a settled
practice in crime, and a public danger.”
Generally, the courts have endorsed the principle that the standard of proof
for peace bonds is a “balance of probabilities. The courts, however, have not
come to a clear conclusion that there is a requirement to prove a “serious and
imminent” danger or threat.
In Teale v. Noble, 2005 CanLII 44305 (QC C.S.), for example, the Superior Court
of Quebec said:
[43] Nor is it sufficient to equate the fear with a risk that the
defendant will commit a personal injury offence sometime in the
future. There is a temporal component to s. 810.2 Cr. C. proceedings.
The fear must reflect a risk of serious and imminent danger. This is
reflected both in the construction of the section and its subsequent
interpretation by the courts.
[44] The section itself imposes a twelve month limit on the duration
of the recognizance order. If the section called only for the proof of a
fear of specified action sometime in the future, why place a twelve
month limit on the court's response? This time limit, combined with
the fact that the fear that is to be established is that the defendant
will commit a personal injury offence imports a component of
imminency.
On the other hand, the Yukon court in Haydock. v. Baker, 2001 YKTC 502,
(CanLII), which deals with an appeal against an s.810 order, observed:
[30] In [Re Budreo and the Queen, [1996] O.J. No. 3 (QL)(Gen. Div.)],
the trial court found the fear must be "of a serious and imminent
danger" and that the court must scrutinize the evidence carefully […]
[31] With respect, setting the standard at a fear of "serious and
imminent danger" does not achieve an appropriate balance. This is
too high a standard for a peace bond. Many complainants would not
69
be able to meet this standard until after circumstances have
deteriorated to the point that the risk of harm is especially grave, or
that in waiting for the situation to reach this level, a serious injury
has occurred.
[32] Re Budreo and the Queen was dealing with a peace bond under
s. 810.1 that aspires to protect children from known sex offenders. It
may be a different standard is required, but I cannot see why. There
is no language in s. 810 that calls for anything more than a fear on
reasonable grounds of personal injury. The use of the terms such as
"serious and imminent danger" suggest a higher magnitude of fear
than the statutory language. None of the other cases suggest such a
standard. The Court of Appeal, in R. v. Budreo, [2000 CanLII 5628
(ON C.A.)], upheld the decision but, despite a lengthy discussion of
reasonable grounds, did not refer to the trial court standard of
"serious and imminent danger".
Other decisions have described the burden in standard of proof in a manner
consistent with Haydock v Baker.
The British Columbia Supreme Court, in R v Baker, 1999 BCJ No 681, concluded
that the judge hearing an application under section 810.2 need only find on a
balance of probabilities that there are reasonable grounds that the appellant
will commit a personal injury offence.
In R v Soungie, 2003 ABPC 121 (CanLII), the Alberta Provincial Court noted, at
paragraph 20, “In Budreo, Then J. held that the reasonable grounds must be a
reasonably grounded fear of the serious and imminent danger on the balance
of probabilities […]. The Court of Appeal upheld Then J’s findings but did not
refer to the serious and imminent danger standard. I am in agreement with
the observations of Stewart J [Haydock. v. Baker, 2001 YKTC 502, (CanLII)] that
such a standard is not to be read into the elements of section 810.”
A “triggering event” is not a prerequisite to an order being made; an informant
may simply rely on an individual’s past misconduct when seeking to establish
reasonable grounds: R. v. Loysen, 2006 SKQB 290 (CanLII).
In R v Teneycke , an unreported decision dated April 11, 2007, His Honour
Judge Ferris of the Provincial Court of Saskatchewan said: “I conclude there is
no requirement of a showing of serious and imminent danger. That is because
Parliament has not required that in so many words. Moreover, it is not
implied for several reasons. First the phrase “serious personal injury offence”
is defined in section 752. That definition encompasses offences which need
not include any personal injury let alone of a serious kind. Secondly there is
no implied requirement of “iminence” on the basis that a recognizance can
only be ordered to last for 12 months…”
On appeal, the Court of Queen's Bench for Saskatchewan upheld Judge Ferris’s
decision imposing the recognizance under section 810.2: R. v. Teneycke, 2008
70
SKQB 239 (CanLII). In her decision, Madam Justice Rothery described Judge
Ferris's decision as “comprehensive and complete” and concluded: “there is
no basis for an appellate court to interfere” with the decision.She also quoted
the decision in Teale v. Noble, 2005 CanLII 44305 (QC C.S) that “A reasonably
grounded fear of a serious and imminent danger must be proved on a balance
of probabilities.” (para. 44)
Note:
It must be noted that section 810.2(3.1) does not refer to a “serious or
imminent” serious personal injury offence.
Subsequently, Her Honor Judge J. Morris, Provincial Court of Saskatchewan, in
R. v. Cote, 2009 SKPC 27 (CanLII), concluded that the standard to be met was
one of serious and imminent danger. For this proposition, Judge Morris relied
on the passage in Teale v. Noble quoted by Madam Justice Rothery. Yet that
proposition had been at least partially based upon the then maximum 12month duration of the order. S, 810.2 has now been amended to extend the
length of the order to 24 months where there has been a previous conviction
for a serious personal injury offence. Also of note, though it is unable to
appeal the decision in Cote, the Crown in Saskatchewan expects to challenge
any future decision that follows it, arguing that “serious and imminent danger”
is not the correct legal test.
In R v Bonson, 2006 B.C.J No. 1721 (B.C.S.C.), paragraph 30, Mr. Justice
Sigurdson concluded that the requirement is “… that the fear that the risk will
result in harm is reasonable. […] While a sense of apprehension based on
speculation or remote possibilities will probably not be a “reasonably based
sense of apprehension,” in this case that sense is not speculative or remote,
but grounded in and supported by the evidence.”
4.1.11 Should the court be asked to issue a warrant?
Yes!
Unless asked to do otherwise, the provincial court judge will only issue a
summons to compel them to appear in court. In the case of a summons, there
is no arrest and the issues of release and detention never arise.
While the defendant may indicate a willingness to cooperate with a summons
and appear on the designated date, the applicant would not be able to have
any conditions placed on the defendant if he/she disputes the application. In
the circumstances that would justify a peace bond, it would be undesirable to
have the defendant at liberty without any conditions pending the resolution of
the implementation of the peace bond, especially when it could take several
months to resolve a disputed application. For these reasons, it is generally
preferable that the police obtain a warrant to compel the defendant’s
appearance at court and have release conditions imposed at the earliest
opportunity,
71
Before appearing before the judge to have the applicant swear the
information, the police and prosecution should prepare for a submission to
support a request that the judge issue a warrant. The preparation should
include drafting the conditions that should be attached to both the interim
release and the peace bonds.
Section 515(4) of the Criminal Code sets out a list of authorized conditions that
can be imposed:
(4) The justice may direct as conditions under subsection (2) that the
accused shall do any one or more of the following things as specified
in the order:
(a) report at times to be stated in the order to a peace officer or
other person designated in the order;
(b) remain within a territorial jurisdiction specified in the order;
(c) notify the peace officer or other person designated under
paragraph (a) of any change in his address or his employment or
occupation;
(d) abstain from communicating with any witness or other person
expressly named in the order, or refrain from going to any place
expressly named in the order, except in accordance with the
conditions specified in the order that the justice considers
necessary;
(e) where the accused is the holder of a passport, deposit his
passport as specified in the order;
(f) comply with such other reasonable conditions specified in the
order as the justice considers desirable
4.1.12 What conditions can be imposed under peace bonds?
The judge has wide discretion with respect to the conditions that might be
attached to a peace bond. S. 810.1(3.02) and s. 810.2(4.1) say that the court
can add any reasonable conditions to the recognizance that the judge
considers desirable to secure the good conduct of the defendant. At the same
time, the legislation does provide some direction to the court in the forms of
several “standard” conditions and two “must consider” conditions.
Conditions: S. 810.1(3.02) and s. 810.2(4.1) identify some of the conditions
that the judge may impose in both 810,1 and 810.2 orders:



participate in a treatment program;
wear an electronic monitoring device, if the Attorney General makes
the request;
remain within a specified geographic area unless written permission to
leave that area is obtained from the provincial court judge;
72


return to and remain at his or her place of residence at specified times;
and
abstain from the consumption of drugs except in accordance with a
medical prescription, of alcohol or of any other intoxicating substance.
Note:
The five included conditions listed immediately above were added
to the legislation through amendments included in the Tackling
Violent Crime Act that came into force in July 2008.
S. 810.1(3.02) identifies two other examples of conditions that can be imposed
on sexual offenders who are defendants under an 810.1 order:


a prohibition against engaging in any activity, including using a
computer, that involves contact or attempting to communicate with
children under 16 years;
a prohibition against attending a public park or public swimming area
where children under 16 years are present or can reasonably be
expected to be present, or a daycare centre, school ground or
playground.
Must Consider Conditions: Without limiting the judge’s ultimate discretion,
the Code does require that they consider two conditions. First, s. 810.1 (3.02)
and s. 810.2(5) state that the judge “… shall consider whether it is desirable, in
the interests of the defendant’s safety or that of any other person, to prohibit
from possessing any firearm, cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition, prohibited ammunition or explosive
substance, or all of those things.” In the case of an order dealing with the fear
of a serious personal injury offence, s. 810.2(5.2) emphasizes the importance
of the firearms/weapons prohibition by requiring the judge that does not
impose such a condition to “… include in the record a statement of the reasons
for not adding the condition.”
The second “must consider” condition relates to supervision. Both
s.810.1(3.05) and s. 810.2(6) state:
The provincial court judge shall consider whether it is desirable to
require the defendant to report to the correctional authority of a
province or to an appropriate police authority. If the judge decides
that it is desirable to do so, the judge shall add that condition to the
recognizance.
When drafting conditions it is important to identify the specific risk that the
defendant poses and how each condition will reduce that risk. R. v. Budreo,
2000 CanLII 5628 (ON C.A.) makes it clear that the conditions cannot be so
broad or restrictive as to contravene the Charter.33 Conditions must be the
type of restrictions that are designed to prevent the commission of another
offence, not punishment for past crimes.
The process of developing a meaningful set of conditions is greatly enhanced
through the participation of the offender. This is especially true for federal
73
offenders. After years in the system, many of them will have learned about
their offence cycles and offence triggers. If the police can convince them to
talk about the circumstances of their offence, their offence triggers, and their
offence cycle, conditions can be developed which help the offender not to reoffend. This is the best protection for society.
Unnecessary or irrelevant conditions, such as alcohol bans where alcohol has
not been a factor in the offender’s past convictions, should be avoided. They
risk being seen by the defendant as irritants rather meaningful limits and can
easily be portrayed as arbitrary if it becomes necessary to prosecute a breach
of recognizance.
4.1.13 How long do the orders last?
Normally, the maximum duration of a peace bond is 12 months. However, s.
810.1 (3.01) provides that the judge can make an 810.1 order effective for up
to two years if the defendant was previously convicted on “a sexual offence in
respect of a person who is under the age of 16 years.” Similarly, s. 810.2(3.1)
provides for 810.2 orders of up to two years duration if the defendant was
previously convicted of a “serious personal injury offence.”
It is important to note that the orders can be renewed indefinitely assuming
that the applicant is able to demonstrate that there are still grounds for
making the order. .
4.1.14 What happens if there is a breach of the order?
S. 811 provides that anyone who breaches their recognizance is guilty of a
hybrid offence.
It is worth noting that the Quebec Superior Court in R. v. Monrose [1998] Q.J.
No. 1415, held that on a charge under section 811 that “guilt may not result
from mere carelessness or negligence or forgetfulness.” The Court found that
a mental element is required for a breach under section 811 such that there is
“the wilful action of an accused knowing that it is contrary to the terms of an
existing recognizance.” This must be present before a charge should be laid
under section 811.
Endnotes
30
Commissioners Directive 712-4, Release Process, Correctional Service of Canada.
www.csc-scc.gc.ca/text/plcy/toccd-eng.shtml
31
The Correctional Services of Canada’s policy, as set out in Commissioner’s Directive
712-14 (see above) is:
100. All possible attempts will be made to determine the offender's release
destination. Where multiple destinations are possible, the information package will
74
be forwarded to the area office where the offender's most recent offence took place
and any other relevant area parole offices, along with a clear indication of who has
received the material. If it is only known that the individual is going to a specific
province, the police service responsible for provincial policing should be notified and
provided with the information package.
32
33
Contact information for most correctional facilities are included in Appendix A: of
this document.
R. v. Budreo, 2000 CanLII 5628 (ON C.A.)
[39] If a recognizance is ordered, a defendant may be restricted from participating in
any activities or from attending a public park or public swimming area where
children under 14 may reasonably be expected to gather or a daycare centre,
schoolground or playground. In my view, these restrictions, although limiting a
defendant’s liberty, are not overbroad. I say that for three reasons. First, the
restrictions stop short of detention or imprisonment. I think it fair to conclude that
detention or imprisonment under a provision that does not charge an offence would
be an unacceptable restriction on a defendant’s liberty and would be contrary to the
principles of fundamental justice. But as Then J. observed, the restrictions
contemplated by s.810.1 permit a defendant to lead a reasonably normal life.
[40] Second, these restrictions on a defendant’s liberty are proportional to the
important societal interest in s.810.1, the protection of young children. As McLachlin
J. observed in R. v. Seaboyer,10 “the principles of fundamental justice reflect a
spectrum of interests, from the rights of the accused to broader societal concerns.
Section 7 must be construed having regard to those interests….” The defendant’s
right to liberty is not the only s.7 interest at stake in s.810.1. The societal interest in
protecting young children from harm must also be taken into account. Section 810.1
attempts to balance these two interests: the interest of likely child sexual abusers in
going where they please, including places where young children gather, and the
interest of the state in ensuring that young children can go safely and securely to
places typically associated with children’s activities. In my view, s.810.1 strikes a
reasonable compromise between these two interests. It provides a measured
intrusion into a defendant’s liberty consistent with protecting young children from
harm.
[41] Third, accepting Then J.’s deletion of community centres, the restrictions
contemplated by s.810.1 are narrowly targeted to meet Parliament’s objective. The
only places a defendant may be prohibited from going are where children under age
14 are or can reasonably be expected to be present; and the only activities a
defendant may be prohibited from engaging in are those involving contact with
children under 14. By limiting the scope of s.810.1 in this way, I do not accept the
submission of the provincial Crown that s.810.1(3) authorizes the court to impose
broader restrictions on a defendant’s liberty than activities, areas or places where
children are likely to be found. Subsection 810.1(3) provides that a judge may “order
the defendant to enter into a recognizance and comply with the conditions fixed by
the provincial court judge, including” the specified conditions (emphasis added). The
specified conditions following the word “including” are examples of the kinds of
conditions that can be imposed. The context of s.810.1 and its overall purpose
suggest that the word “including” is used to limit the scope of the general term
“conditions” to those conditions similar to the specified examples.11 On this
75
interpretation, a judge could prohibit a defendant from going to a recreation hall
where young children were likely to be present but could not, for example, require a
defendant to take the drug Luperon, however desirable that may be. This
interpretation, in my view, not only appropriately reflects the context and purpose
of s.810.1, it also accords with Charter values. A broader interpretation, permitting
the judge to order a defendant to take a course of treatment or to take a particular
drug, under a provision that does not create an offence would raise serious Charter
concerns. Under the narrower interpretation I have adopted, the restrictions
contemplated by s.810.1 are not overbroad.
76
Appendix A: Federal, Provincial & Territorial Resources
A.1
British Columbia
A.1.1
Police Services
There are 12 municipal and First Nation police departments in British
Columbia. The RCMP serves all other B.C. communities. Contact information
for these police services in listed below.
Abbotsford Police Department
2838 Justice Way,
Abbotsford BC V2T 3P5
Phone: 604.859.5225
Website: http://abbypd.ca/
Saanich Police Department
760 Vernon Avenue,
Victoria BC V8X 2W6
Phone: 250 475-4321
Website: www.saanichpolice.ca/
Central Saanich Police Service
1903 Mount Newton X-Road,
Saanichton, B.C. V8M 2A9
Phone: 250-652-4441
Website: www.cspolice.ca/
Stl' Atl' Imx Tribal Police
P.O. Box 488,
Lillooet BC V0K 1V0
Phone: 250 256-7784
Website: www.stpolice.ca/policing
Delta Police Department
4455 Clarence Taylor Crescent,
Delta BC V4K 3E1
Phone: 604 946-4411
Website: www.deltapolice.ca
Vancouver Police Department
2120 Cambie Street,
Vancouver BC V5Z 4N6
Phone: 604-717-3535
Website: http://vancouver.ca/police
Nelson Police Department
606 Stanley Street, Nelson BC V1L 1N4
Phone: 250 354-3919
Website: www.nelsonpolice.ca/
Victoria Police Department
850 Caledonia Street,
Victoria BC V8T 5J8
Phone: 250 995-7654
Website: http://vicpd.ca/
New Westminster Police Service
555 Columbia Street,
New Westminster BC V3L 1H9
Phone: 604 525-5411
Website: www.nwpolice.org/
West Vancouver Police Department
1330 Marine Drive
West Vancouver BC V7T 1B5
Phone: 604 925-7300
Website: http://wvpd.ca/
Oak Bay Police Department
1703 Monterey Avenue,
Oak Bay BC V8R 5V6
Phone: 250 592-2424
Website: www.oakbaypolice.org/
RCMP E Division
657 West 37th Avenue,
Vancouver BC V5Z 1K6
Phone: 604 264-3111
Website: http://bc.rcmp.ca
Note: Contact information for the RCMP
77
detachments in British Columbia is
published on the “E” Division website.
Port Moody Police Department
3051 St. Johns Street,
Port Moody BC V3H 2C4
Phone: 604 461-3456
Website: www.portmoodypolice.com/
A.1.2
Prosecution Services
The Criminal Justice Branch of the Ministry of Attorney General is responsible
for provincial prosecution services. The prosecution service is divided into five
regions – North, Interior, Fraser, Vancouver and Vancouver Island-Powell
River, with provincial headquarters is in Victoria. There are criminal appeals
and special prosecutions offices in Vancouver and Victoria.
The assistant deputy attorney general of the Criminal Justice Branch is the
head of B.C.’s prosecution service. Contact information for the prosecution
service’s offices is presented below.
Criminal Justice Branch
Ministry of Attorney General
PO Box 9276 STN Prov Govt
Victoria, BC V8W 9J7
Phone: (250) 387-3840
Note: Contact information for regional and local offices is available on the Ministry’s
webpage at www.ag.gov.bc.ca/prosecution-service/contact-us.htm. Alternatively,
contact the information can be obtained through the BC Government Directory at
http://dir.gov.bc.ca/, using the search term “crown counsel.”
High Risk Offender Policy: The Crown Counsel Policy Manual, which is
published on the Ministry of the Attorney General website
(www.ag.gov.bc.ca/prosecution-service/policy-man ), provides policy
direction with respect to Dangerous Offender and Long Term Offender
Applications.
High-risk Offender initiatives:
High Risk Offenders Identification Program
Organization
Criminal Justice Branch
Description
The High Risk Offenders Identification Program is a Criminal Justice
Program in British Columbia designed to assist Crown Counsel with
Dangerous Offender, Long Term Offender Applications, Section
78
810.1 and 810.2 CCC Recognizance, general sentencing and bail
applications. HROIP facilitates information sharing between Crown
Counsel, Police, Corrections and Forensic Psychiatric Services.
Information includes circumstances from previous convictions or
stay of proceedings, Provincial and Federal (CSC) correctional file
information concerning previous incarcerations and professional
assessments that might have been conducted i.e.: Forensic
Psychiatric Services. HROIP maintains a close contact with all justice
partners in the sharing of information.
Location(s)
Contact
Vancouver
Manager
High Risk Offender Program
Criminal Justice Branch
600 – 865 Hornby Street
Vancouver, BC V6Z 1T9
Phone: 604-660-3918
Other
A.1.1
BC Corrections Branch
The BC Corrections Branch, Ministry of Public Safety and Solicitor General, is
comprised of two divisions. The Adult Custody Division is responsible for
administering warrants of remand/detention and custodial sentences of less
than two years. The Community Corrections and Corporate Programs Division
provides supervision, case management and risk-based interventions to
offenders under community supervision. It also manages the High Risk
Recognizance Advisory Committee (see Display 1) and supervises individuals
who are placed under peace bonds.
Supervision of Peace Bonds: The Community Corrections Division provides
supervision of peace bonds consistent with the division’s policy for risk-based
case management. This includes the coordination of supervision with police
agencies and the assignment of probation staff trained in the dynamics of
sexual and violent offending. In addition, the program interventions available
for sentenced offenders are available to judicial restraint cases under
Community Corrections supervision.
High Risk Recognizance Advisory Committee (HRRAC)
HRRAC helps justice agencies to determine whether an offender's presence in the
community warrants further court-ordered supervision through application for a
peace bond under section 810.1 or 810.2 of the Criminal Code.
Members: The committee’s membership includes representatives from BC
Corrections, RCMP, RCMP Behavioural Sciences Group, Municipal/City police,
79
High Risk Recognizance Advisory Committee (HRRAC)
Correctional Service Canada (CSC), Criminal Justice Branch, Victim Safety Unit, and
the High Risk Offender Identification Program (HROIP) of the Criminal Justice Branch.
Referrals: Sexual and violent offenders are referred to the program by CSC, and
occasionally by police or BC Corrections, at least 4 months prior to warrant expiry.
Those referred by CSC are often offenders who have been detained by the National
Parole Board and held in custody until their warrant expiry date (WED). Other
referrals by CSC may include those offenders on expiring long-term supervision
orders or parolees demonstrating an escalation of risk towards WED.
Process: The High Risk Offender Analyst of the BC Corrections Branch prepares a case
review for every referral received, using a variety of information sources, including
CSC progress records, reports to crown counsel, pre-sentence reports, forensic
assessments, psychiatric and psychological reports, community corrections files, and
concerns gathered from previous victims. The committee reviews the report and
makes recommendations regarding the appropriateness of application for a section
810.1 or 810.2 order. If an application is recommended the committee’s case review
report and proposed conditions are forwarded to the appropriate police agency for
preparation of a report to crown counsel. HRRAC recommendations are not binding,
however, and the final decision to submit a report to crown counsel rests with the
police agency.
Note: The Corrections Branch’s policy also requires that an application for an 810.1
or 810.2 order be considered if, prior to warrant/ community supervision
expiry, an offender remains a high risk to re-offend and presents a danger to
public safety. These applications are generally made directly to court and are
carried out independently from HRRAC.
For further information, contact:
High Risk Offender Analyst
BC Corrections Branch – Community Division
PO Box 9278 STN PROV GOVT
7th floor, 1001 Douglas Street
Victoria, British Columbia V8W 9J7
Phone: 250-387-6047
Programs and Treatment: The Branch offers offenders in custody and under
community supervision a number of core programs based on research of
treatment initiatives. These programs are designed to promote long-term
changes in thinking, skills and lifestyles that are known to contribute to
criminal behaviour. Some offenders may need intensive professional
treatment during and after their involvement with B.C. Corrections. Core
programs prepare such individuals for additional treatment by focusing on
personal experience and accountability.
The following are profiles of available core programs:
Breaking Barriers
80
Organization
Type
Description
BC Corrections Branch
 Custody
□ Residential
□ Community
Breaking Barriers is a motivational program that uses a cognitive
reality model to support behaviour change in offenders. The
program, which is owned by the US firm Gordon Graham & Co. Inc.,
is delivered by BC Corrections staff.
The program is designed for offenders who need motivation and
confidence to change attitudes, beliefs and behaviour in areas
related to their criminal history.
Eligibility
Sentenced offenders
Duration
Seventeen 80-minute modules.
Location(s)
Various
Contact
BC Corrections Branch
P.O. Box 9278, Stn Prov Govt
Victoria, British Columbia V8W 9J7
Phone: (250) 356-7930 Fax: (250) 952-6883
Violence Prevention Program
Organization
Type
BC Corrections Branch
 Custody
□ Residential
 Community
Description
The program addresses anger management and violence prevention
for male offenders who have a criminal offence history or behaviour
pattern of assault and/or other violence (e.g., destruction of
property) in which the victim is someone other than a spouse or
intimate partner. The offence(s) or behaviour of this offender group
usually results from anger, loss of emotional control, aggression, or
lack of non-violent communication and problem-solving skills.
Eligibility
Sentenced male offenders who have a history of violent behaviour in
which the victims have been individuals other than a spouse or
intimate partner.
Duration
Ten (10) sessions of approximately 2 hours per session.
Location(s)
Various
Contact
BC Corrections Branch
P.O. Box 9278, Stn Prov Govt
Victoria, British Columbia V8W 9J7
Phone: (250) 356-7930 Fax: (250) 952-6883
Substance Abuse Management (SAM) Program
Organization
Type
BC Corrections Branch
 Custody
□ Residential
81
 Community
Description
Pre-treatment educational program for offenders with substance
abuse (drug and/or alcohol) problems. The program is based on a
harm reduction (as compared to abstinence) model.
Eligibility
Sentenced offender with substance abuse problems.
Duration
Eighteen 1.5-hour sessions.
Location(s)
Various
Contact
BC Corrections Branch
P.O. Box 9278, Stn Prov Govt
Victoria, British Columbia V8W 9J7
Phone: (250) 356-7930 Fax: (250) 952-6883
Respectful Relationships Program
Organization
Type
BC Corrections Branch
 Custody
□ Residential
 Community
Description
This is the pre-treatment phase of the program that precedes the
Relationship Violence Treatment Program (see below). The program
makes offenders aware of the values and beliefs that result in
abusive behaviour, teaches them how abusive behaviour affects
women and children and helps them identify non-violent skills that
foster respectful relationships.
The program is delivered by BC Corrections staff.
Eligibility
Male offenders who have abused their female partners.
Duration
Ten 2.5-hours sessions.
Location(s)
Various
Contact
BC Corrections Branch
P.O. Box 9278, Stn Prov Govt
Victoria, British Columbia V8W 9J7
Phone: (250) 356-7930 Fax: (250) 952-6883
Relationship Violence Treatment Program
Organization
Type
BC Corrections Branch
 Custody
□ Residential
 Community
Description
This is the second phase of the Branch’s family violence treatment
program. It was adapted from the CSC’s Family Violence Prevention
Program.
The Relationship Violence Treatment Program is delivered by
contracted service providers in the community and at Prince George
Regional Correctional Centre and Kamloops Regional Correctional
Centre.
Eligibility
Male offenders who have completed the Respectful Relationships
Program (see above).
82
Duration
Seventeen 2-hour sessions.
Location(s)
Various
Contact
BC Corrections Branch
P.O. Box 9278, Stn Prov Govt
Victoria, British Columbia V8W 9J7
Phone: (250) 356-7930 Fax: (250) 952-6883
Sex Offender Treatment Program
Organization
Type
BC Corrections Branch
 Custody
□ Residential
□ Community
Description
A sex treatment program for incarcerated sex offenders. It was
adapted by BC Corrections and Partnered with Forensic Psychiatric
Services Commission (FPSC) from the National Sex Offender
Treatment Program developed by the Correctional Service of
Canada.
Eligibility
Male offender serving a sentence.
Duration
Three -five hours per week for approximately 15 weeks (4 months).
Location(s)
Ford Mountain Correctional Centre
Contact
BC Corrections Branch
P.O. Box 9278, Stn Prov Govt
Victoria, British Columbia V8W 9J7
Phone: (250) 356-7930 Fax: (250) 952-6883
Sex Offender Maintenance Program
Organization
Type
BC Corrections Branch
 Custody
□ Residential
 Community
Description
This is the treatment follow-up component of the Sex Offender
Treatment Program (see above.) In the community, it is delivered by
the probation officer who is supervising the offenders.
Eligibility
Sentenced sex offender under community supervision or in custody
at the Ford Mountain Correctional Centre.
Duration
The period of involvement depends on offender’s risk, needs and
stability – minimal contact is once/month, but normally is once/week
or once every 2 weeks. The offender could be required attend during
the entire period of supervision.
Location(s)
Community: Various
Custody: Ford Mountain Correctional Centre
Contact
BC Corrections Branch
P.O. Box 9278, Stn Prov Govt
Victoria, British Columbia V8W 9J7
83
Phone: (250) 356-7930 Fax: (250) 952-6883
A.1.3
Victim Services
There are over 150 victim services programs operating in 99 communities
throughout British Columbia. These services are operated out of non-profit
agencies and local police detachments. Generally, the programs offer victims
of crimes:




information and support regarding the criminal justice system
practical help;
emotional support; and
referrals to other appropriate programs.
A directory of these services, published by the Ministry of Public Safety and
Solicitor General, Victim Services and Crime Prevention Division, can be
viewed / downloaded at www.pssg.gov.bc.ca/victim_services/.
Specialized Services
VictimLINK
Organization
Information Services Vancouver
Description
VictimLINK is a help line for victims of family and sexual violence, and
all other crimes that is available 24 hours a day, 7 days a week.
Victim service workers (who are also certified information and
referral specialists) provide information and referrals to all victims of
crime, and crisis support to victims of family and sexual violence,
including sexual assault, violence in relationships, elder abuse, and
adult survivors of physical or sexual abuse.
Staff connect people to a network of community, social, health,
justice and government resources. They also provide information on
the justice system, relevant federal and provincial legislation and
programs, crime prevention, safety planning, protection order
registry, and other resources as needed.
Location(s)
Province-wide via the telephone help line.
Contact
VictimLINK
Information Services Vancouver
202-3102 Main Street, Vancouver, BC V5T 3G7
BC Toll Free: 1 800 563-0808
TTY: 604 875-0885 (collect calls accepted)
Text: 604 836-6381
Email: [email protected]
Website: www.communityinfo.bc.ca/victims.htm
84
Other
VictimLINK provides service in over 100 languages, including 17
North American aboriginal languages.
Victim Safety Unit (VSU)
Organization
Ministry of Public Safety & Solicitor General
Description
The VSU’s mandate is to promote victim safety by:

Notifying victims and civil restraining order protected parties
regarding the provincial custody and community status of
offenders.

Administering the Victim Travel Fund

Representing victims' perspectives and interests on the
provincial High Risk Recognizance Advisory Committee

Working with local victim service programs to ensure victims
are aware of and have access to the range of services to
ensure their safety.
Location(s)
Referral, notification and other information services are available
province-wide and are provided by telephone.
Contact
Victim Safety Unit
Victim Services Division
Ministry of Public Safety & Solicitor General
302-815 Hornby Street, Vancouver, B.C. V6Z 2E6
Phone: (604) 660-0316
Toll Free Phone: 1-877-315-8822
Fax: (604) 660-0335
E-mail: [email protected]
Website: www.pssg.gov.bc.ca/victim_services/
Crime Victim Assistance Program
Organization
Victim Services and Crime Prevention Division
Description
A program where i) victims injured because of certain crimes, ii)
immediate family members of an injured or deceased victim and iii)
some witnesses may be eligible for financial assistance or benefits.
Location(s)
Province-wide via telephone
Contact
Crime Victim Assistance Program
Victim Services and Crime Prevention Division
Ministry of Public Safety and Solicitor General
Phone: 604-660-3888
Toll free within B.C.: 1-866-660-3888
Email: [email protected]
Website: www.pssg.gov.bc.ca/victim_services/cva/index.htm
85
86
A.2
Alberta
A.2.1
Police Services
There are 11 municipal and First Nation police departments in Alberta. The
RCMP serves all other communities. Contact information for the police
services is listed below.
Blood Tribe Police Service
P. O. Box 300
Standoff, Alberta T0L 1Y0
Phone: (403) 737-3800
Website: www.bloodtribepolice.com
Medicine Hat Police Service
884 - 2 Street S.E.
Medicine Hat, Alberta, T1A 8H2
Phone: (403) 529-8400
Website: www.medicinehatpolice.com
Calgary Police Service
133 Sixth Avenue S.E.
Calgary, Alberta, T2G 4Z1
Phone: (403) 266-1234
Website: www.calgarypolice.ca
North Peace Tribal Police Service
P.O. Box 94
Ft. Vermilion, Alberta T0C 1N0
Phone: (780) 927-3200
Website: www.nptc.ab.ca
Camrose Police Service
6220 - 48 Avenue
Camrose, Alberta, T4V 0K6
Phone: (780) 672-8300
Website: www.camrosepoliceservice.ca
RCMP "K" Division
11140 - 109 Street
Edmonton, Alberta T5G 2T4
Phone: (780) 412-5424
Website: www.rcmp-grc.gc.ca/ab
Edmonton Police Services
9620 - 103A Avenue
Edmonton, Alberta, T5H 0H7
Phone: (780) 421-3333
Website: www.edmontonpolice.ca
Note: Contact information for RCMP
detachments in Alberta is published on
the “K” Division website.
Taber Police Station
5700 50 Avenue
Taber, Alberta T1G 2H7
Phone: (403) 223-8991
Website: NA
Lacombe Police Service
5211 - 50 Avenue
Lacombe, T4L 1E8
Phone: (403) 782-3279
Website: www.lacombe.ca
Tsuu T’ina Nation Police Service
9911 Chiila Boulevard
Tsuu T’ina, Alberta T2W 6H6
Phone: (403) 238-4075
Website: NA
Lethbridge Regional Police Service
135 1 Avenue South
Lethbridge, Alberta, T1J 0A1
Phone: (403) 327-2210
Website: www.lethbridgepolice.ca
Louis Bull Police Service
P.O. Box 630
Hobbema, Alberta T0C 1N0
Phone: (780) 585-4226
Website: NA
87
High-risk Offender Police Initiatives: The following are police service
initiatives in Alberta that have been specifically designed to help monitor
and/or intervene in high-risk offender cases.
High Risk Offender Section
Organization
Edmonton Police Service
Description
The Targeted Offender Section provides services in relation to highrisk offenders in the Edmonton area.
The section works in partnership with Correctional Services Canada /
Edmonton Area Parole to apprehend federal parolees who have
breached their release conditions, giving priority to those that are
assessed to present the greatest risk to the community. The team
also investigates criminal activity associated to identified federal
offenders, provides an information/intelligence sharing liaison with
CSC and other police agencies, and assists in monitoring offenders
subject to Section 810 recognizances.
The Behavioural Assessment Unit monitors high risk and sex
offenders that reside in the Edmonton area after warrant expiry, or
during a period of supervision under section 810, probation or longterm supervision orders. This unit is responsible for investigating and
laying all charges associated with any breaches of these orders.
Location(s)
City of Edmonton
Contact
Edmonton Police Service
Targeted Offenders Section
9620 - 103A Avenue
Edmonton, Alberta, T5H 0H7
Phone: (780) 421-3333
Other
The Behavioural Assessment Unit also compile threat/risk
assessments and provide recommendations to the Chief of Police
regarding public disclosures.
A.2.2
Public Notification
When an offender is judged by police to be a risk of significant harm, a public
notification may be done by way of a press release. The disclosure of personal
information in these cases is authorized by section 32 of the Alberta Freedom
of Information and Protection of Privacy Act. Generally, notification occurs
when an individual is believed to present a risk of significant harm to the
safety of the public, an affected group, or an individual.
A.2.3
Prosecution Services
The Criminal Justice Division, Justice and Attorney General, is responsible for
provincial prosecutions in Alberta . It maintains Crown prosecutors’ offices in
88
Calgary, Drumheller, Edmonton, Fort McMurray, Fort Saskatchewan, Grande
Prairie, Hinton, Lethbridge, Medicine Hat, Peace River, Red Deer, St. Paul,
Stony Plain, and Wetaskiwin.
Criminal Justice Division
Justice Alberta
3rd Floor, Bowker Building
9833 - 109th Street
Edmonton, Alberta T5K 2E8
Phone: (780) 427-5042
Note: Contact information for local and regional offices can be obtained through the
Alberta Government Directory at http://alberta.ca/home/directory.cfm using the
search term “prosecutor.”
High Risk Offender Policy: The Crown Prosecutors' Policy Manual, which is
published on the Justice Alberta website (go to http://justice.gov.ab.ca, and
click on “Publications”), provides the province’s Crown prosecutors with
direction through two practice memoranda:


A.2.4
High Risk Offender Tracking and Dangerous Offender/Long-Term
Offender Applications, May 20, 2008
High Risk Offender Peace bonds (Sections 810.01, 810.1 and 810.2 of
the Criminal Code), May 20, 2008
Alberta Correctional Services
The Correctional Services Division, Department of the Solicitor General and
Public Safety, delivers provincial correctional services in the province.
Offenders serving sentences in the adult correctional centres, which are
located in Fort Saskatchewan, Peace River, Calgary and Lethbridge, have
access to core personal development programs including life management
skills, anger management, family violence prevention, addictions awareness,
release planning, and Aboriginal culture and spirituality programs.
The Community Corrections and Release Program offers community based
programs to adult and youth offenders through a network of community
corrections offices located in 36 separate geographic locations in Alberta.
Offenders under the supervision of the community corrections offices are
offered the opportunity to participate on a referral basis in programs delivered
by agencies other than community corrections. Provincially funded agencies
also offer programming for offenders convicted of various types of offences,
including sexual offences and domestic/family violence.
Further information about available services can be obtained through
community corrections offices.
89
Correctional Services Division
Solicitor General and Public Security
10th fl John E Brownlee Building
10365 - 97 Street, Edmonton, AB T5J 3W7
Phone: 780 427-3440
Note: Contact information for community corrections (probation) offices can be
obtained through the Alberta Government Directory: go to
http://alberta.ca/home/directory.cfm and search using the term “community
corrections.”
Contact information for corrections centres can be obtained through the Alberta
Government Directory: go to http://alberta.ca/home/directory.cfm and search
using the term “correctional.”
A.2.5
Victim Services
There are some 117 police-based victim service units and several sexual
assault centres in Alberta. Contact information for the police-based services in
published by the Alberta Police Based Victim Services Association on its
website www.apbvsa.com, under “Looking for your Local Victim Services
Program?”
Contact information for sexual assault centres is published by the Alberta
Association of Sexual Assault Centres on its website: www.aasac.ca and click
on “Sexual Assault Centres of Alberta.”
90
A.3
Saskatchewan
A.3.1
Police Services
There are 15 municipal and First Nation police departments in Saskatchewan.
The RCMP serves all other communities. Contact information for these police
services in listed below.
Caronport Police Service
P.O. Box 550, 201 Valleyview Drive
Caronport SK S0H 0S0
Phone: (306) 756-2522
Website: NA
RCMP 'F' Division
6101 Dewdney Avenue West Bag Service
2500
Regina SK S4P 3K7
Phone: (306) 780-5477
Website: www.rcmp-grc.gc.ca/sk/
Corman Park Police Service
111 Pinehouse Drive
Saskatoon SK S7K 5W1
Phone: (306) 242-8808
Website: NA
Note: Contact information for RCMP
detachments in Saskatchewan is
published on the “F” Division website.
Regina Police Service
P.O. Box 196, 1717 Osler Street
Regina SK S4P 2Z8
Phone: (306) 777-6612
Website: www.reginapolice.ca
Dalmeny Police Service
P.O. Box 820
Dalmeny SK S0K 1E0
Phone: (306) 254-2114
Website: NA
Saskatoon Police Service
P.O. Box 1728, 130 - 4th Avenue North
Saskatoon SK S7K 3R6
Phone: (306) 975-8300
Website: www.police.saskatoon.sk.ca
Estevan Police Service
301 - 11th Avenue
Estevan SK S4A 1C7
Phone: (306) 634-4767
Website: NA
Stoughton Police Service
P.O. Box 384, 400 Assiniboia Avenue
Stoughton SK S0G 4T0
Phone: (306) 457-2288
Website: NA
File Hills First Nations Police Service
P.O. Box 460
Balcarres SK S0G 0C0
Phone: (306) 334-3222
Website: NA
Vanscoy Police Service
P.O. Box 356
Vanscoy SK S0L 3J0
Phone: (306) 493-7651
Website: NA
Luseland Police Service
P.O. Box 548, 508A Grand Avenue
Luseland SK S0L 2A0
Phone: (306) 372-4844
Website: NA
Weyburn Police Service
400 Coteau Avenue Northeast
Weyburn SK S4H 2K8
Phone: (306) 848-3250
Website: http://city.weyburn.sk.ca/
Moose Jaw Police Service
21 Fairford Street West
Moose Jaw SK S6H 1V2
Phone: (306) 694-7600
Website: www.mjpolice.ca
91
Wilton Police Service
No. 472 P.O. Box 40
Marshall, SK S0M 1R0
Phone: (306) 387-6244
Website: NA
Prince Albert Police Service
45 - 15th Street West
PRINCE ALBERT SK S6V 3P4
Phone:(306) 953-4240
Website: www.papolice.ca
A.3.2
Public Notification
Saskatchewan has established committee process, under the provisions of the
Public Disclosure Act, to advise police whether to release identifying
information about dangerous offenders who have served part or all of their
sentence and are returning to the community. The advice given by the
committee does not bind the police agency making the request, but police
acting in compliance with the advice are immune from suit for their good faith
actions.
Members: The nine-member committee is appointed under the Act and
represent a broad spectrum of the community.
Referrals: Police may bring applications with respect to persons who have
been convicted of one of the offences prescribed in section 3 of the
Regulations and who pose a risk of serious harm to persons in a community in
Saskatchewan. The scheduled offences include sexual offences against
children, sexual assaults, other sexual offences like bestiality and indecent
acts, procuring children into prostitution; serious personal injury offences like
robbery, aggravated assault, kidnapping and trafficking in controlled drugs and
substances.
Process: Decisions of the Committee are carefully considered and are based
on review of information prescribed by the Act. This information includes such
things as risk assessments, criminal records, likely destinations for the
individual, descriptions of the offences the individual has committed in the
past, and reasons the individual is believed to pose a significant risk of harm to
others. Persons who are the subject of an application to the Public Disclosure
Committee are advised in advance that an application has been made, and are
afforded the opportunity to make submissions to the Committee in writing or
on audio or video tape.
Further information about the Public Disclosure Committee is available from:
Policing Services Division
Room 600, 1874 Scarth Street
Regina, Saskatchewan S4P 3V7
Phone: (306) 787-9292
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A.3.3
Prosecution Services
The Public Prosecutions Division, Ministry of Justice and Attorney General, is
responsible for Saskatchewan’s provincial prosecution services. The division
is headquartered in Regina with district offices in North Battleford, La Ronge,
Meadow Lake, Melfort, Moose Jaw, Prince Albert, Regina, Saskatoon, Swift
Current, and Yorkton.
Public Prosecutions Division
300-1874 Scarth Street
Regina SK S4P 4B3
Phone: (306) 787-5490
Note: Contact information for the Public Prosecutions Division and its district offices
can be obtained through the Saskatchewan Government Directory at
http://gtds.gov.sk.ca using the search term “public prosecutions.”
High Risk Offender Initiatives: Saskatchewan police and prosecution services
work together to identify and, to the degree it is feasible, control and track
high-risk offenders. The work includes the pursuit of peace bonds
(recognizances) for most federal offenders held to warrant expiry, as well as
cooperative efforts in the event of breaches of recognizances and long-term
supervision orders. The services are also cooperate to flag serious violent
offenders, potential long term offenders, and potential dangerous offenders
with an eye to focused prosecutions in the event of new crimes.
The primary contacts for the participating services are listed below:
Public Prosecutions
Anthony B. Gerein
Senior Crown Prosecutor
Provincial Coordinator - National
Flagging System
300-1874 Scarth Street
Regina, SK, S4P 4B3
Phone: (306) 787-5490
Fax: (306) 787-8878
[email protected]
RCMP “F” Division
Cpl. Brian Haswell
ViCLAS Specialist/High Risk Offender
Program Coordinator
Bag Service 2500
6101 Dewdney Avenue
Regina, SK, S4P 3K7
Phone: (306) 780-3379
Fax: (306) 780-3387
[email protected]
Prince Albert Police Service
Cst. Eric Tiessen
45 - 15th Street West
Prince Albert, SK, S6V 3P4
Phone:(306) 953-4240
Fax: (306) 953-4231
[email protected]
Regina Police Service
Cpl. Shelly Pelletier
P.O. Box 196, 1717 Osler Street
Regina SK S4P 2Z8
Phone: (306) 777-6612
[email protected]
93
Saskatoon Police Service
Cst. Terry Geier
P.O. Box 1728, 130 - 4th Avenue North
Saskatoon SK S7K 3R6
Phone: (306) 634-4767
Fax: (306) 230-1939
[email protected]
A.3.4
Saskatchewan Correctional Services
The Adult Corrections Division administers the sentences of offenders
sentenced to imprisonment for two years less a day or to community
supervision, such as probation.
Risk Assessment: The division prepares primary and secondary offender
assessments to help with correctional planning and service delivery. Primary
risk assessments are completed on all offenders sentenced to probation,
conditional sentence or incarceration and for those for whom a court report
has been ordered using the Offender Risk Assessment Management System
(ORAMS). The assessments serve a number of purposes including identify
problem, helping match the degree and type of supervision and/or
interventions to the offender's risk and prioriing correctional services for
those offenders who pose a higher risk to the community.
The secondary risk assessments are done as required. They are more specific
assessments of the offender's risk to re-offend in a partner abuse or sexual
offence is required. The Static-99* is used for sex offenders .The Static-99 is a
brief actuarial instrument designed to estimate the probability of sexual and
violent recidivism among adult males who have already been convicted of at
least one sexual offence against a child or non-consenting adult. The Ontario
Domestic Assault Risk Assessment (ODARA) is used to evaluate the risk that a
man will assault his partner again.
Programs and Services: Saskatchewan Corrections offers a number of services
and programs to offenders in its custody or under its supervision. Its core
intervention programs are described below. Further information about
correctional programs and services can be obtained from departmental
officials.
Offender Substance Abuse Prevention Program
Organization
Type
Description
Saskatchewan Corrections
 Custody
□ Residential
 Community
This is a cognitive behavioural program, where the client will
develop:
94

a concrete understanding of their substance abuse;

identifiable goals and behavioural changes to address their
substance abuse; and

skill and experience to effectively cope in various life areas,
without resorting to substance abuse.
Some of the areas covered include alcohol/drug knowledge, goal
setting, self-management, problem solving, behavioural and
cognitive coping strategies, social skills, understanding/identifying
risk situations, relapse prevention and management
Eligibility

Clients must be prepared to participate actively, complete
personal assignments, and attend daily, four-hour sessions, for
six weeks.

Community clients who are assessed to be within the moderate
to substantial range of substance abuse, and whose criminal
activity is directly related to substance abuse.
Duration
26 sessions over 6 weeks.
Location(s)
Various
Contact
Local Community Operations Offices (see Error! Reference source
not found.)
Choices
Organization
Type
Saskatchewan Corrections
□ Custody
□ Residential
 Community
Description
The Choices program is a cognitive behavioural substance abuse
program that focuses on relapse, prevention and maintenance. The
program consists of 10 sessions over a two to three week period,
followed by weekly maintenance sessions for three months.
Some of the areas covered are:
 Goal Setting
 Self-management
 Problems-solving
 Behavioural/cognitive coping strategies
 Understanding, identifying, and preventing risk situations
 Managing slips
Eligibility
Probationers with a substance abuse problem ranging from low to
moderate. It is also for clients who have had previous programs but
are at high risk for relapse and would benefit from a refresher course
or specific relapse prevention skills and planning.
Duration
Approximately three months
Location(s)
Various
95
Contact
Community Operations Offices (see Error! Reference source not
found.)
Cognitive Skills Program
Organization
Type
Saskatchewan Corrections
 Custody
□ Residential
 Community
Description
The Cognitive Skills program is designed to introduce participants to
a variety of thinking and social skills that have proven to be useful in
changing offending behaviour. Its goal is to teach participants to
become more reflective, to anticipate and plan responses to
potential problems and to be more flexible and open minded in their
thinking. With practice, the participants will be better able to think
before acting, consider consequences for themselves and others,
and plan for pro-social results of their actions.
Eligibility
Offenders who are exhibiting cognitive deficits in the areas of
problem solving, developing alternatives, considering consequences,
impulsivity, social skills. Consideration to be given to PRA score - high
with problem areas in "Attitude" and "Companions", factors 4 and
13.
Duration
Twenty-three sessions over 3 months
Location(s)
Various
Contact
Community Operations Offices (www.cpsp.gov.sk.ca/Probation)
Anger Management
Organization
Type
Saskatchewan Corrections
 Custody
□ Residential
 Community
Description
This is a general aggression control program and not specific to
domestic violence. It introduces participants to a cognitive behavioural approach to emotion control. Participants are
encouraged to identify their own patterns (thought - feeling behaviour) and develop alternate thinking and behavioural
responses. It is designed to reduce risk of aggression-based offences
by reinforcing personal responsibility and introducing a variety of
strategies to manage their emotions and interpersonal conflict.
Eligibility
Indications of problems managing anger and aggression, but with
offence patterns other than domestic violence.
Duration
Ten two-hour sessions, plus personal assignments.
Location(s)
Various
Contact
Community Operations Offices (www.cpsp.gov.sk.ca/Probation)
96
Domestic Violence Programs
Organization
Type
Saskatchewan Corrections
 Custody
□ Residential
 Community
Description
Community Corrections designates some specialized domestic
violence caseloads in order to provide offender programming in
smaller regions, and better co-ordination in the large urban regions.
The larger regions also provide offender programming in an attempt
to provide services for offenders who were not eligible to attend
treatment in the community due to pending criminal charges, or
were unable to attend groups due to work schedule. Currently there
are several programs offered, ranging from five weeks to over one
year in duration. These programs are facilitated by Mental Health
Services, Probation Officers or together on a co-facilitation basis.
Eligibility
Various
Duration
Five weeks and longer
Location(s)
Various
Contact
Community Operations Offices (www.cpsp.gov.sk.ca/Probation)
Sexual Offender Programs
Organization
Type
Saskatchewan Corrections
□Custody
□ Residential
 Community
Description
Throughout the province, there are various levels of education,
treatment, and maintenance programs delivered in conjunction with
Mental Health Services. In areas where Mental Health is not actively
participating, Community Operations has worked independently to
provide some level of service to these clients. Often in these cases,
private counsellors in the community enhance programming.
Eligibility
Various
Duration
Various
Location(s)
Contact
Various
Community Operations Offices (www.cpsp.gov.sk.ca/Probation)
Adult Correction Services
Corrections, Public Safety and Policing
700-1874 Scarth St., Regina SK S4P 4B3
Phone: (306) 787-3490
Website: www.cpsp.gov.sk.ca/Corrections
Note: Contact information for provincial correctional centers and community
operations (probation) offices can be obtained through the Adult Corrections
Service’s website: Click on “Addresses and Contact Information.”
97
A.3.5
Victim Services
Contact information for a range of services for the victims of crime in
Saskatchewan are published by the Ministry of Justice and Attorney General,
Victim Services Branch at www.justice.gov.sk.ca/victimsservices, under the
following headings:




Services for Children
Services for Women
Services for Aboriginal Families
Police-affiliated Victims Services and Victim/Witness Services
98
99
A.4
Manitoba
A.4.1
Police Services
There are seven municipal and First Nation police departments in Manitoba.
The RCMP serves the other communities in the province. The contact
information for these police services follows:
Altona Police Service
111 Centre Avenue East, Box 1809
Altona, MB R0G 0B0
Phone: (204) 324-5373
Website:
http://police.townofaltona.com
RCMP “D” Division
1091 Portage Avenue
P.O. Box 5650
Winnipeg, MB R3C 3K2
Phone: (204) 983-5420
Website: www.rcmp-grc.gc.ca/mb
Brandon Police Service
1340-10th Street
Brandon, MB R7A 6Z3.
Phone: (204) 729-2345
Website: www.brandon.ca/police
Note:
Contact information for RCMP
detachments in Manitoba is published on
the “D” Division website.
Victoria Beach Police
PO Box 189
Victoria Beach, Manitoba, R0E 2C0
Phone: (204) 756-2322
Website: www.vbpolice.ca
Dakota Ojibway Police Service
Room 220 - 740 Rosser Avenue
Brandon, Manitoba R7A 0K9
Phone: (204) 729-3622
Website: http://www.dops.org
Winkler Police Service
185 Main Street
Winkler, MB R6W 1B4
Phones: (204) 325-0829
Website: www.winklerpolice.ca
Morden Police Services
106-195 Stephen Street
Morden, MB R6M 1V3
Phone: (204) 822 6292
Website: www.mordenmb.com
Winnipeg Police Service
151 Princess St, P.O. Box 1680
Winnipeg, MB R3C 2Z7
Phone: (204) 986-6037
Website: http://winnipeg.ca/police
High-risk Offender Police Initiatives: The following is a police service initiative
specifically designed to help monitor and/or intervene in high-risk offender
cases.
Manitoba Integrated High Risk Sex Offender Unit
Organization
Royal Canadian Mounted Police & Winnipeg Police Service
Description
The Manitoba Integrated High Risk Sex Offender Unit (MIHRSOU)
consists of both Royal Canadian Mounted Police (RCMP) and
100
Winnipeg Police Service (WPS) members. The purpose of the unit is
to take a pro-active approach in dealing with persons deemed to be
high risk to re-offend upon release back into society. MIHRSOU uses
a multi-disciplinary approach to identify, investigate and monitor
high-risk sex offenders in the Manitoba (including the City of
Winnipeg) as well as high-risk violent offenders in rural Manitoba.
MIHRSOU's mandate includes Section 810.1 and 810.2 Criminal Code
applications and referrals to the Community Notification Advisory
Committee (CNAC). MIHRSOU liaises with Correctional Service
Canada, Parole Services, Probation Services, Forensic Psychological
Services, Crown Attorneys, other police agencies and several other
related disciplines.
Section 810.1 or 810.2 Criminal Code applications are pursued for
offenders who have served every day of their sentence and will be
released back into the community without any conditions, support
or supervision. These are offenders whom continue to pose a
serious threat to society.
MIHRSOU will refer cases to the Community Notification Advisory
Committee (CNAC) for recommendations regarding persons whom
have committed sexual offences. The committee may recommend
either a full public notification, targeted notification, limited
notification or no notification.
MIHRSOU will also assist the Crown Attorney's office with dangerous
offender and long-term offender applications.
MIHRSOU has the primary administrative and operational
responsibility for administering the Sex Offender Information
Registration Act (SOIRA) in Manitoba.
Location(s)
Winnipeg
Contact
Sgt. Jack Raffle, RCMP, and Sgt. Darryl Ramkissoon, WPS
Manitoba Integrated High Risk Sex Offender Unit
P.O. Box 5650, 1091 Portage Avenue
Winnipeg, MB R3C 3K2
Phone: (204)984-1888
Fax: (204)983-2222
A.4.2
Public Notification
When police become aware of an offender who poses a threat to commit a
further sexual offence, the police may refer the case to the Community
Notification Advisory Committee (CNAC) for a recommendation as to whether
the public should be warned. The committee has representatives from the
RCMP, Winnipeg Police Service, Brandon Police Service, Manitoba Corrections,
Correctional Services Canada, Manitoba Health and a MB Justice
representative with prosecutions experience. It also has a private citizen to
101
represent the interests of the public. CNAC’s operations are not controlled by
legislation but, rather, are governed by a written protocol established by the
member agencies.
If possible, offenders are told that their case has been referred to the
committee and are given an opportunity to make a written submission.
Once the committee has done a thorough review of the case, it will make one
of several possible recommendations. These range from various forms of
notification to measures such as surveillance or applying for a peace bond.
The forms of notification are targeted notifications, which are provided to
those persons or agencies considered to be at risk, limited notification to
specific persons such as previous victims or people in a specific location, and
full public notifications, which involves a media release and a posting on the
Manitoba Justice website: www.gov.mb.ca/justice/notification.
In making its recommendation, CNAC seeks to balance the offender’s privacy
interests against the need for public protection.
The recommendation made is not binding on the police agency that makes the
referral. However, if police follow the recommendation, they will be
indemnified by the Province of Manitoba should there be a successful lawsuit
against the police arising from the notification (or the decision not to notify).
For further information, contact:
Community Notification Advisory Committee
Manitoba Justice
Phone: (204) 945-3272
Webpage: www.gov.mb.ca/justice/safe/cnac.html
A.4.3
Prosecution Services
The Prosecution Division, Manitoba Justice, is responsible for provincial
prosecutions. It is headquartered in Winnipeg and maintains offices in
Brandon, Dauphin, Portage la Prairie, The Pas, and Thompson.
Prosecutions Division
Manitoba Justice
510 - 405 Broadway
Winnipeg MB R3C 3L6
Phone: (204) 945-2852
102
High-risk Offender initiatives: Manitoba Justice maintains a unit responsible
for planning and supporting responses to high-risk offenders
High Risk Offender Unit
Organization
Prosecution Division, Manitoba Justice
Description
The High Risk Offender Unit is located in the Winnipeg office of
Manitoba Prosecutions Services. One of the responsibilities of this
unit is to oversee judicial restraint applications (s.810.1 and s 810.2
recognizances) as well as related breaches and subsequent
offending.
The prosecutors in this area work in conjunction with the National
Flagging System Coordinator and Assistant Coordinator , both of
whom are members of the Unit, in identifying and prosecuting
potential dangerous and long-term offender candidates as well as
participating in related sentencing applications. The Unit is also
involved in all aspects of the prosecution of breaches of long-term
supervision orders. As well, the Unit acts as a resource to
prosecutors throughout the province dealing with high-risk
offenders, including those n the Criminal Organization Unit who are
involved in s 810.2 applications regarding gang members.
The members of the High Risk Offender Unit liaise regularly with the
MIHRSOU police and the COHROU unit within provincial community
corrections as well as Victim Services, Correctional Service of Canada
and other local supervisory and treatment providers.
Location(s)
Contact
A.4.4
Winnipeg
Lorraine Prefontaine
Supervising Senior Crown Attorney
High Risk Offender Unit
Winnipeg Prosecutions
5 - 405 Broadway Avenue
Winnipeg, MB R3C 3L6
Phone : (204) 945-4273
Fax : (204) 948-3291
Correctional Services
The Corrections Division, Manitoba Justice, is responsible for adult and youth
correctional services. Adult correctional centres provide programs that focus
on inmates’ personal development and growth through education
opportunities, rehabilitation programs, vocational training, work experience
and individual counselling.
Community Corrections services cover all non-custody, community-based
offender services and programs. There are 27 community corrections offices,
eleven in First Nations communities. Probation officers supervise probation
103
and conditional sentences, deliver custody reintegration programs, prepare
court reports and provide behaviour intervention programs.
Manitoba Justice - Corrections Division
Head Office
810 - 405 Broadway
Winnipeg MB R3C 3L6
Phone: (204) 945-7804
Website: www.gov.mb.ca/justice/criminal/corrections/
Note: Contact information for provincial correctional centres and community offices
is published on the division’s website.
Special programs are designed for sex offenders, female offenders, assault
offenders, custody offenders re-entering their communities and Aboriginal
offenders.
Program
Description
Substance Abuse
A 10 session (½ days) group program designed to encourage
participants to learn more about alcohol and drug abuse and to
decide whether or not they have problems. The concept of
avoiding problem behaviour through Relapse Prevention is
introduced. Also a one to one component is available if
requested.
Anger
Management
A 10 session (½ days) group program designed to help participants
learn skills to communicate in a non-aggressive way. A one-to-one
component is available if requested.
Partner Abuse
Short Term
A 10 session (½ days) educational program for people who have
committed crime (violent or otherwise) against their wives,
girlfriends, ex-wives or ex-girlfriends.
Map to the Soul
A two week program for inmates to examine how loss, shame,
responsibility and forgiveness impact on their lives.
AA meetings
A self-help group for alcoholics and persons with drug addictions
meets once per week. Open to any Unit D inmates. Community
A.A. members may be involved.
Life skills session
One day sessions, may be scheduled weekly
Education
High school level courses, G.E.D., to working on specific areas such
as reading or math skills. Participants may work in the classroom
but are working on their own individualized programs.
Sex Offender
Program
Six month program with a one to one component. Relapse
Prevention / Cognitive Behavioral-based with one-to-one
component.
104
Program
Description
Thinking
Awareness
Ten day group program designed to teach the basics of Relapse
Prevention using non offence specific scenarios
Sexual
Information
Five day program providing sex education and health related
information
Coming To Terms
Program
Five day program informational program that will assist clients
to realistically evaluate their alcohol and /or other drug usage,
and the effect this is having on their lives and on the lives of
those around them. The focus is self-evaluation. The program
follows the Stages of Change Model.
Triple P
Parenting
Program
Five day informational program that looks at 17 parenting skills
and how to apply them in a routine format. Role play techniques
are used to enhance parent competencies in managing common
behaviour problems and developmental issues. The focus is on
parent self-evaluation and self-efficacy. Co-facilitated with John
Howard to assist in community follow up.
Computer
Refurbishing
This is an ongoing program that teaches the offender all the
steps necessary to refurbish a computer with the opportunity to
become A Plus or IC3 certified.
Positive
Communication
Five day program for female offenders. Learning and Developing
healthy ways of relating to others. Participants learn to accept
their own emotions as normal at the same time confront their
unhealthy passive, manipulative, passive-aggressive and
aggressive behaviors. Participants learn the steps of assertive
behavior and active listening thus developing healthy ways of
relating to others.
PTSD
Information session aims to provide women with the
understanding of the impact of Trauma. Some self management
skills in order to increase her sense of control
Literacy
Group and individual literacy training (tutoring) is offered
through the John Howard Society. Links are also made to GED
and continuing education programs.
In the community, the degree of supervision and the program is based on the
risk presented by the offenders and their likelihood to re-offend. Higher-risk
offenders receive more intensive services and programs.
105
The following are profiles of programs designed for, or potentially relevant to,
the management of high-risk offenders in the community.
Manitoba Integrated High Risk Sex Offender Unit
Organization
Manitoba Justice - Corrections Division
Description
The Criminal Organization & High Risk Offender Unit (COHROU) is a
specialized unit within Manitoba's Probation Services which provides
intensive support and supervision to high-risk offenders on
probation orders, conditional sentences or peace bonds. There are
five streams of offenders covered by the unit: including Sexual,
Family Violence, Random Assault, Mentally Disabled/Disordered, and
Organized Crime. The unit specifically targets adult offenders in
Winnipeg who:

demonstrate a pattern of persistent and escalating
aggression and violence with no regard for their victims or
for the consequences of their behaviour; and

are assessed as unlikely to be restrained/supervised by
regular community supervision.
Referrals to the unit are received from various sources and must
meet certain criteria before being considered. Once accepted into
the unit, offenders progress through a four-phase program:
Assessment/Stabilization: Intervention: Maintenance; and Transfer
to Regular Probation.
COHROU caseloads are significantly smaller than traditional
probation caseloads in order to work intensively with the offender as
well as maintaining, where possible, a multi system team approach
to maintain a community-based risk management plan to reduce
recidivism and fully integrate the offender into the community. The
multisystem team often includes prosecutions, police, victim
services, and community based service providers.
Location(s)
Contact
Winnipeg
Linda Lafontaine
Area Director
Criminal Organization and High Risk Offender Unit
Winnipeg Community Corrections
470 Notre Dame Avenue
Winnipeg, MB R3B 1R5
Phone: (204) 945-0384
Criminal Thinking Errors and Victim Awareness Program for Men
Organization
Type
Description
Winnipeg Adult Probation Services
□ Custody
□ Residential
 Community
The program is a cognitive restructuring group for adult males who
have been involved in criminal behaviour. A major focus of the
106
group work is to gain self- awareness of the inappropriate thinking
and how it impacts on behaviour.
Program content: The group participants will begin to identify
inappropriate thinking, and then is able to challenge each other’s
patterns of thinking errors presented. They will be able to identify
how errors in thinking lead to behaviour that ultimately hurts other
people. Participants focus on identifying how their own behaviour
impacted the people they have victimized.
Women convicted of property-related offences and crimes of a
personal nature where the offender is facing an incarceration term
of six months or more. The program does not consider family
violence cases, drug- related offences, sexual assault cases, or gang
related offences.
Eligibility
Optimum number of participants - approximately 12
Duration
10 weeks meeting once per week for 2 ½ to 3 hours.
Restorative Resolutions Program
3rd Floor-583 Ellice
Winnipeg, MB R3B 1Z7
Ph: (204) 945-8581
Fax: (204) 948-2100
Contact
Restorative Resolutions Entrepreneurship Program (RREP)
Organization
Type
Stu Clark Centre for Entrepreneurships
□ Custody
□ Residential
 Community
Description
The RREP is for clients interested in entrepreneurship. It uses an
experiential model that emphasizes the use of exercises, cases
studies, role playing and other hands-on activities over lectures.
Over the course of the program participants complete and present a
business plan for a proposed business they would be interested in
running.
The program is sponsored by the Peter D. Curry Foundation.
Program content: Each participant will be paired up with a mentor
drawn from the Winnipeg business community. The mentorship
program will not end with the formal course rather it will continue
for a year after the participants’ graduation date. As part of this
process, participants have the option of asking the panel to make an
investment in their proposed business. The funds for this
investment will come from the proposed venture fund. At the
conclusion of the program, contact with the participants is
maintained through regular networking events.
Eligibility
Individuals convicted of property-related offences and crimes of a
personal nature where the offender is facing an incarceration term
of six months or more. The program does not consider family
violence cases, drug- related offences, sexual assault cases, or gang
107
related offences.
Duration
Contact
13 three-hour weekly sessions.
Restorative Resolutions Program
3rd Floor-583 Ellice
Winnipeg, MB R3B 1Z7
Ph: (204) 945-8581
Fax: (204) 948-2100
Anger Management
Organization
Winnipeg Adult Probation Services
□ Custody
Type
Description
□ Residential
 Community
The unit offers a range of anger management training programs
including:

Women Informational Anger Management

Men’s Informational Anger Management

Special Needs Informational Anger Management

Aboriginal Women’s Anger Management

Men’s Peaceful Choices

Refresher Anger Management
Eligibility
Offenders convicted of any of the following offences: robbery;
assaults; dangerous operation of a vehicle causing bodily harm
and/or death; uttering threats; manslaughter; 1st and 2nd degree
murder; home invasion; possess of a weapon; dangerous to the
public peace.
Duration
Core program - Eight 3-hour sessions
Informational & refresher sessions - one 3-hour session
Random Assault Unit
2-225 Garry Street
Winnipeg, MB R3C 1H1
Ph: (204) 945-7207
Contact
Sexual Offender Core Intervention
Organization
Type
Description
Winnipeg Adult Probation Services
□ Custody
□ Residential
 Community
The Core Intervention program is cognitive behavioural relapse
prevention based, with an emphasis on a holistic model of
intervention. It addresses relevant criminogenic risk factors in the
context of assisting the offender to develop an overall healthy
lifestyle.
Program content: An emphasis is placed on interventions that are
dynamic, process-oriented and connected to the offenders’ ongoing
108
functioning and management of risk factors.
The program is normally delivered in an open group with a number
of transition periods, but can be delivered on a one-to-one basis
Eligibility
All sexual offenders
Duration
Ongoing
Sex Offender Unit (SOU)
225 Garry Street
Winnipeg, Manitoba R3C 1H1
Ph: (204) 945-5505
Fax: (204) 945-0426
Contact
Sexual Offender Core Intervention - Maintenance
Organization
Winnipeg Adult Probation Services
□ Custody
Type
□ Residential
 Community
Description
The Maintenance program’s goal is to have offenders practice their
skills and to provide support and ongoing risk management.
Eligibility
Sexual offenders who have completed the Sexual Offender Core
Intervention program.
Duration
Ongoing
Sex Offender Unit (SOU)
225 Garry Street
Winnipeg, Manitoba R3C 1H1
Ph: (204) 945-5505
Fax: (204) 945-0426
Contact
Partner Abuse Short Term Program (PAST)
Organization
Winnipeg Adult Probation Services
□ Custody
Type
Description
□ Residential
 Community
The goal of the PAST program is to provide information and
techniques to begin the process to stop violent behaviour against
partners.
Program Philosophy -Violence is not acceptable. We are responsible
and accountable for our own behaviour. Violence/abuse hurts
people in a variety of ways. Because violence/abuse is a learned
behaviour, people can learn to change their behaviour.
Program Content: Defining Partner Abuse, Power and Control issues,
Types of abuse, Cycle of violence, Warning signs and Time-outs,
Personal plan for non-violence; Victim impact, Socialization, Self-talk
model
The agency offers three specialized PAST programs:

Aboriginal Men’s PAST
109

Women’s PAST

Multicultural Family Violence Program
Eligibility
Conviction for violence against a family member.
Duration
8 three-hour sessions
Family Violence Units
201-470 Notre Dame Avenue
Winnipeg, MB R3B 1R5
Ph: (204) 945-3213
Fax: (204) 945-1227
or
2031 Portage Avenue
Winnipeg, MB R3J 0K6
Phone: (204) 945-8995
Fax: (204) 948-2176
Contact
Moving On Program for Women
Organization
Type
Winnipeg Adult Probation Services
□ Custody
□ Residential
 Community
Description
The program is a cognitive/emotive therapeutic group geared
toward providing female offenders with the tools needed to avoid
future criminal behaviour, while providing a supportive environment
in which to discuss personal development and relationship issues.
Program content: Focuses on the ways in which toxic shame is
incorporated by individuals through socialization. It also assists in
linking clients to external resources based on their individual needs.
The program helps to identify, to understand and to heal toxic
shame.
Eligibility
Women convicted of property-related offences and crimes of a
personal nature where the offender is facing an incarceration term
of six months or more. The program does not consider family
violence cases, drug- related offences, sexual assault cases, or gang
related offences.
Optimum number of participants 8-10
Duration
Contact
10 week group program meets once per week for 2 ½ to 3 hours
Restorative Resolutions Program
3rd Floor-583 Ellice
Winnipeg, MB R3B 1Z7
Ph: (204) 945-8581
Fax: (204) 948-2100
110
A.4.5
Victim Services
The Victim Services Branch provides a wide range of services to domestic
violence and child victims and victims of the most serious crimes, as outlined
under The Victims’ Bill of Rights (VBR). The services include:






Victim Rights Support Service (VRSS) – The VBR came into effect in
2001. This legislation specifies the rights of victims of the most serious
crimes. The VBR ensures crime victims’ rights are recognized and
protected in their dealings with police, prosecutors, courts and
corrections officials.
Crime Victim Service Workers (CVSWs) advise victims of their options,
rights and responsibilities after a charge has been laid. They are
located in nine offices throughout Manitoba. Victim Services support
extends to 69 major court centers and circuit locations. Descriptions
services and contact information for local victim service offices can be
obtained through the branch’s website:
www.manitoba.ca/justice/victims/index.html.
Child Victim Support Service (CVSS) – The CVSS helps victims and
witnesses of abuse (up to 18 years of age), adult survivors of sexual
abuse, and other vulnerable victims (on a case-by-case basis) who are
involved in the criminal court process
Domestic Violence Support Service (DVSS) – The DVSS helps victims of
domestic violence when criminal charges have been laid, or may be laid
against their partners. The DVSS actively participates with COHROU to
enhance victim safety through the coordination of justice officials.
The Domestic Violence Intervention Unit (DVIU) – Established in
Winnipeg in 2006, the DVIU offers support to families who receive
police services for domestic violence incidents that occur in Winnipeg,
but that do not result in charges or arrests. Specially trained workers
help people at risk of abuse in relationships to stop the cycle of
violence.
Cellphone Emergency Limited Link-up Program (CELL) – A provincial
coordinator, in co-operation with 28 social service agencies throughout
the province, manages the CELL Program, which provides cell phones
on a short-term basis to victims of domestic violence and stalking who
are deemed to be at very high risk of violence. The CELL Program is a
joint initiative between MTS, UTstarcom, Nokia, social service agencies,
police services and Manitoba Justice.
Protection Order Designates Service – Victim Services offers
information and training to community service providers under the
Domestic Violence and Stalking Act. This Manitoba law allows victims of
stalking or domestic violence to get protective orders. Victim Services
formally trains Protection Order Designates who can help Protection
Order applicants file court applications.
111


Compensation for Victims of Crime Program (CVCP) – Under the
authority of the VBR, the CVCP provides compensation for personal
injury or death resulting from certain crimes occurring within
Manitoba. Any person who is the innocent victim of a criminal incident
is eligible to file a claim, as are surviving family members of a person
killed as a result of a crime. Compensation can include income
replacement, funeral expenses, training and rehabilitation expenses,
medical/dental costs and grief counselling for survivors of homicide
victims.
Victim/Witness Assistance Program – This program provides support
services to victims and witnesses of crime who are subpoenaed to
appear in either Provincial Court or Court of Queen’s Bench.
112
A.5
Ontario
A.5.1
Police Services
There are 55 municipal and 9 First Nations police services in Ontario. The
Ontario Provincial Police provides serves the other communities in the
province. Contact information for these police services is listed below.
Anishinabek Police Service
R.R.#4, Site 5, Box 59
Garden River, Ontario P6A 5K9
Phone: (705) 946-2539
Website: www.apscops.org
North Bay Police Service
135 Princess Street West
North Bay, Ontario P1B 8J8
Phone: (750) 472-1234
Website: www.northbaypolice.on.ca
Akwesasne Police Service
Box #10, 10 Park Street
St Regis, Quebec H0M 1A0
Phone: (613) 575-2340
Website: www.akwesasne.ca
Ontario Provincial Police
777 Memorial Avenue, 3rd Floor
Orillia, Ontario L3V 7V3
Phone: 705-329-7400
Website: www.opp.ca
Barrie Police Service
29 Sperling Drive
Barrie, Ontario L4M 6K9
Phone: (705) 725-7025
Website: www.police.barrie.on.ca
Note: Contact information for Ontario
Provincial Police regional offices and
detachments is published on the
service’s website, under “Organization.”
Ottawa Police Service
474 Elgin Street, P.O. Box 9634, Station T
Ottawa, Ontario K1G 6H5
Phone: (613) 236-1222
Website: www.ottawapolice.ca
Belleville Police Service
93 Dundas St East
Belleville, Ontario K8N 1C2
Phones: (613) 966-0882
Website: www.police.belleville.on.ca
Brantford Police Services
344 Elgin Street, P.O. Box 1116
Brantford, Ontario N3T 5T3
Phone: (519) 756-0113
Website: www.police.brantford.on.ca
Oxford Community Police
615 Dundas St.
Woodstock, Ontario, N4S 1E1
Phone: (519) 421-2800
Website:
www.oxfordcommunitypolice.on.ca
Brockville Police Service
P.O. Box 2050, 2269 Parkedale Avenue
Brockville, ON K6V 6N5
Phone: (613) 342-0127
Website: www.brockvillepolice.com
Owen Sound Police Service
922 2nd Avenue West
Owen Sound, Ontario N4K 4M7
Phone: (519) 376-1234
Website: www.owensoundpolice.com
Chatham-Kent Police Service
24 Third Street, P. O. Box 366
Chatham, Ontario N7M 5K5
Peel Regional Police
7750 Hurontario Street
Brampton, Ontario L6V 3W6
113
Phone: (519) 436-6600
Website: www.ckpolice.com
Phone: (905) 453-3311
Website: www.peelpolice.on.ca
Cobourg Police Service
107 King Street West
Cobourg, Ontario K9A 2M4
Phone: (905) 372 - 2243
Website: www.cobourgpolice.com
Port Hope Police Services
230 Walton Street, PO Box 111
Port Hope, Ontario L1A 3V9
Phone: (905) 885-8123
Website: www.phps.on.ca
Cornwall Community Police Service
P.O. Box/C.P. 875, 340 Pitt Street
Cornwall, Ontario K6H-5T7
Phone: (613) 932-2110
Website: www.cornwallpolice.com
Rama Police Service
5984 Rama Rd , Box 206
Rama, Ontario L0K 1T0
Phone: (705) 325-7773
Website: NA
Durham Regional Police Service
605 Rossland Rd. E, Box 911
Whitby, Ontario L1N 0B8
Phone: (905) 579-1520
Website: www.drps.ca
Sarnia Police Service
555 Christina Street North,
Sarnia, Ontario N7T 7X6
Phone: (519) 344-8861
Website: www.police.sarnia.on.ca
Halton Regional Police Service
1151 Bronte Road, Box 2700
Oakville, Ontario L6J 5C7
Phone: (905) 825-4747
Website: www.hrps.on.ca
Six Nations Police Service
1689 Chiefswood Rd.
Ohsweken, Ontario N0A 1M0
Phone: (519) 445 2811
Website: www.snpolice.ca
Hamilton Police Service
155 King William Street, Box 1060, LCD1
Hamilton, Ontario L8N 4C1
Phone: (905) 546-4925
Website: www.hamiltonpolice.on.ca
South Simcoe Police Service
2137 Innisfal beach Rd.
Innisfal, Ontario L9S 1A2
Phone: (750) 436-2141
Website: www.southsimcoepolice.on.ca
Kingston Police Service
705 Division Street
Kingston, Ontario, K7K 4C2
Phone: (613) 549-4660
Website: www.police.kingston.on.ca
St. Thomas Police Service
30 St. Catharine Street
St. Thomas, Ontario N5P 2V8
Phone: (519) 631-1224
Website: www.stps.on.ca
Lac Seul Police Service
Box #39
Frenchmans Head, Ontario P0V 1X0
Phone: (807)582-3802
Website: NA
Toronto Police Service
40 College Street
Toronto, Ontario M5G 2J3
Phone: (416) 808-2222
Website: www.torontopolice.on.ca
London Police Service
601 Dundas Street
London, Ontario N6B 1X1
Phone: (519) 661-5670
Website: http://police.city.london.on.ca
Treaty Three Police Service
P.O.Box 1480, 100 Park St.
Kenora, Ontario P9N 3X7
Phone: (807) 468-4079
Website: www.treatythreepolice.ca
114
Manitoulin Anishnabe Police Service
Box 332, West Bay Complex
West Bay, Ontario P0P 1G0
Phone: (705) 377-7135
Website: NA
Note: Contact information for the eight
Treaty Three Police Service detachments
is published on its website under
“Detachments.”
Waterloo Regional Police Service
P.O.Box 3070, 200 Maple Grove Road
Cambridge, Ontario N3H 5M1
Phone: (519) 653-7700
Website: www.wrps.on.ca
Niagara Regional Police Service
110 James Street
St. Catharines, Ontario L2R 7E8
Phone: (905) 688-4111
Website: www.nrps.com
Wikwemikong Police Service
19B Complex Drive, Box 27
Wikwemikong, Ontario P0P 2J0
Phone: (705) 859-3141
Website: www.wikipolice.com/
Nishnawbe-Aski Police Service
710 Victoria Av. E., Suite 202
Thunder Bay, Ontario P7C 5P7
Phone: (807) 737-4045
Website: www.naps.ca
Note: Contact information for
Nishnawbe-Aski Police Service regional
offices and 35 detachments is published
on its website under “Detachments”
Windsor Police Service
150 Goyeau Street
Windsor, Ontario N9A 6J5
Phone: (519) 255-6700
Website: www.police.windsor.on.ca
York Regional Police
17250 Yonge Street
Newmarket, Ontario L3Y-4W5
Phone: (866) 876-5423
Website: www.police.york.on.ca
High-risk Offender Initiatives: The following are police service initiatives in
Ontario that have been specifically designed to help monitor and/or intervene
in high-risk offender cases.
High Risk Offender Section
Organization
Toronto Police Services
Description
The High Risk Offender Program is an innovative means by which the
Service in carrying out its role in the criminal justice system, is taking
preventive action by dealing with persons deemed to be a "High
Risk" to offend or re-offend violently and/or sexually. The program
addresses problems that can occur with an individual who has served
full sentence and is to be released into the community without
supervision. Understanding that they pose a potential risk to the
community, the offenders themselves become willing participants in
the program. Appropriate conditions are agreed upon that balance
the needs of the community with the needs of the high risk
individual.
115
This program could not function without the active participation of
many parts of the community, including the Mennonite Central
Committee, Correctional Service of Canada and other police agencies
throughout Canada.
Location(s)
Contact
Toronto
Sex Crimes Unit
Toronto Police Service
40 College Street, Toronto, Ontario M5G 2J3
Phone: (416) 808-7474
Webpage: www.torontopolice.on.ca/sexcrimes/
High Risk Individual Coordinator
Organization
London City Police
Description
The Investigation Response Unit provides support to all sections
within the Criminal Investigation Division involving complex
investigations and special projects. In addition, Unit members pursue
suspects who are wanted by the London Police Service on
outstanding arrest warrants, focusing on suspects who pose a
heightened risk to public safety, including dangerous or high risk
offenders.
The High Risk Individual Coordinator is a liaison with federal and
provincial correctional agencies and with other law enforcement
agencies regarding high-risk individuals that have completed their
sentences and are living in London. The member conducts
investigations and uses provisions in the Criminal Code to assist in
monitoring potential high risk individuals in an attempt to lessen the
risk of these individuals to the community.
Location(s)
Contact
A.5.2
London
Criminal Investigation Division
London Police Service
601 Dundas Street London, ON Canada N6B 1X1
Phone: (519) 661-5515 ext 5674
Webpage: http://police.city.london.on.ca/d.aspx?s=/Newsroom/
ManagementHighRiskOffenders.htm
Public Notification
The Police Services Act and its regulations empower police chiefs and their
delegates to publicly disclose information about offenders considered to be a
significant risk to a community. Such disclosure must be done in accordance
with the Act and its regulations.
116
A.5.3
Prosecution Services
The Criminal Law Division provides legal representation for the Crown in right
of Ontario in all criminal matters. It is responsible for the prosecution of
criminal cases before all courts in the province and for the carriage of all
criminal appeals in the Ontario Court of Appeal and the Supreme Court of
Canada. The division supervises and coordinates the Crown Attorneys in the
49 judicial districts and the Crown Counsel in the Crown Law Office - Criminal.
"Each region has a designated Crown Counsel-High-Risk Offender (CC-HRO),
who has specialized expertise to assist in the prosecution of dangerous and
long-term offenders, and breaches of long-term supervision orders. The CCHRO is a resource in this area of law, and will assist the trial Crown in
preparing for the dangerous or long-term offender hearing, as necessary. The
CC-HRO’s are coordinated by the Deputy Director-High Risk Offenders who is
also the provincial coordinator for the National Flagging Program.
Generally the CC-HRO will assist the trial Crown in the various facets of the
dangerous offender/long term offender hearing but specifically in three
respects:
(1) helping to gather and organize information on the offender and his
offences for the 752.1 psychiatric assessment;
(2) providing legal and tactical advice to the trial crown; and
(3) providing in court assistance in special cases to the trial Crown where
needed.
Once a file is screened, and a dangerous or long-term offender application is
being considered, Crown counsel must inform the CC-HRO in order to ensure
that the CC-HRO can be of timely assistance in the case.
Criminal Law Division
Ministry of the Attorney General
McMurtry-Scott Bldg, 6th Flr,
720 Bay St, Toronto ON M5G2K1
Phone: (416) 326-2615
Note: Telephone numbers for Crown offices are included in the contact information
for Ontario court houses published on the Ministry’s website. Go to the website at
www.attorneygeneral.jus.gov.on.ca/ and click on “court addresses.”
High Risk Offender Policy: The Crown Policy Manual - 2005, which is published
on the Ministry of the Attorney General website, includes a brief statement
with respect to Dangerous, Long Term and High Risk Offenders. For further
information go to: www.attorneygeneral.jus.gov.on.ca/english/crim/cpm .
117
A.5.4
Correctional Services
Ontario’s Ministry of Community Safety and Correctional Services is
responsible for the delivery of provincial custodial and community correctional
programs for adults.
Correctional Services - General Inquiries
Community Safety and Correctional Services
George Drew Bldg
11th Floor, 25 Grosvenor St.
Toronto ON M7A1Y6
Phone: (416) 327-9734
Website: http://www.mcscs.jus.gov.on.ca/english/default.html
High-risk Offender Inquiries
Dangerous Offender Coordinator
Adult Community Services
200 First Avenue West, 3rd Floor
North Bay, ON P1B 9M3
Phone: (705) 494-3386
Note: Contact information for Corrections Service offices, including local probation
and parole offices are available through the government telephone directory: Go to
http://www.infogo.gov.on.ca/infogo/, the under “ Browse by Organization” select
“Community Safety and Correctional Services; click “Go”, then “Correctional
Services,” and continue to drill down.
The location and contact information for Ontario’s regional headquarters and
correctional facilities follows:
Regional Offices
Central Region - Institutional Services
Administration Building
160 Horner Avenue
Toronto, ON M8Z 4X8
Phone: (416) 212-6727
Fax: (416) 314-0527
Northern Region - Institutional &
Community Services
200 First Ave. W., 4th floor
North Bay, ON P1B 9M3
Phone: (705) 494-3430
Fax: (705) 494-3435
Central Region - Community Services
171 Judson St., Bldg. “C’
Etobicoke, ON M8Z 1A4
Phone: (416) 314-0520
Fax: (416) 314-8388
Western Region - Institutional &
Community Services
150 Dufferin Ave., Suite 704
London, ON N6A 5N6
Phone: (519) 675-7757
Fax: (519) 679-0699
Eastern Region - Institutional &
Community Services
25 Heakes Lane
Kingston, ON K7M 9B1
Phone: (613) 536-7350
Fax: (613) 544-6460
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Correctional Facilities
Algoma Treatment & Remand Centre
800 Great Northern Rd
Sault Ste Marie, On P6A 5K7
Phone: 705-946-0995
Ottawa-Carlton Detention Centre
2244 Innes Road
Ottawa, ON K1B 4C4
Phone: 6013-824-6080
Brantford Jail
105 Market St
Brantford, ON N3T 6A9
Phone: 519-752-6578
Owen Sound Jail
Box 517, 1237 Third Ave East
Owen Sound, ON N4K 5R1
Phone: 519-376-0435
Brockville Jail
10 Wall St.
Brockville, ON K6V 4R9
Phone: 613-342-1456
Quinte Detention Centre
Postal Bag 3060, 89 Richmond Blvd
Napanee, ON K7R 3S1
Phone: 613-354-9701
Central East Detention Centre
50 Simpson Road
Lindsay, ON K9V 6H2
Phone: 705-328-6000
Sarnia Jail
700 North Christina St.
Sarnia, ON N7V 3C2
Phone: 519-337-3261
Central North Correctional Centre
1501 Fuller Ave
Penetanguishene, ON L9M 2G2
Phone: 705-549-9470
St. Lawrence Valley Correctional &
Treatment Centre/ Brockville Jail
1804 Hwy 2 East, P.O. Box 8000
Brockville, ON K6V 7N2
Phone: 613-341-2870
Chatham Jail
17 Seventh St.
Chatham, ON N7M 4J9
Phone: 519-352-0150
Stratford Jail
30 St. Andrew St.
Stratford, ON N5A 1A3
Phone: 519-271-2180
Elgin-Middlesex Detention Centre
711 Exeter Road
London, ON N6E 1L3
Phone: 519-686-1922
Sudbury Jail
181 Elm St West
Sudbury, ON P3C 1T8
Phone: 705-564-4150
Fort Francis Jail
310 Nelson Street
Fort Francis, ON P9A 1B1
Phone: 807-274-7708
Thunder Bay Correctional Centre
Hwy. 61 S, P.O Box 1900
Thunder Bay, ON P7C 4Y4
Phone: 807-475-8401
Hamilton-Wentworth Detention Centre
165 Barton Street East
Hamilton, ON L8L 2W6
Phone: 905-523 8800
Kenora Jail
1430 River Street
Kenora, ON P9N 1K5
Thunder Bay Jail
285 MacDougall St., P.O. Box 2806
Thunder Bay, ON P7B 5G3
Phone: 807-345-7364
Toronto East Detention Centre
55 Civic Road
119
Phone: 807-468-2871
Scarborough, ON M1L 2K9
Phone: 416-750-3513
Maplehurst Complex
661 Martin Street
Milton, ON L9T 2Y3
Phone: 905-878-8141
Toronto Jail
550 Gerrard Street East
Toronto, ON M4M 1X6
Phone: 416-325-8600
Mimico Correctional Centre
130 Horner Ave.
Toronto, ON M8V 3S9
Phone: 416-314-9600
Toronto West Detention Centre
111 Disco Road
Rexdale, ON M9W 5L6
Phone 416-675-1806
Monteith Correctional Complex
Box 90, Junction Highway 11 & 577
Monteith, ON P0K 1P0
Phone: 705-232-4092
Vanier Centre for Women
655 Martin St., P.O. Box 1040
Milton, ON L9T 5E6
Phone: 905-876-8300
Niagara Detention Centre
Box 1050, 1355 Uppers Lane
Thorold, On, L2V 4A6
Phone: 905-227-6321
Walkerton Jail
209 Cayley Stree, Box 429
Walkerton, ON N0G 2V0
Phone: 519-881-3442
North Bay Jail
2550 Trout Lake Rd.
North Bay, ON P1B 7S7
Phone: 705-472-8115
Windsor Jail
378 Brock St. P.O. Box 7038
Windsor, ON N9C 3Y6
Phone: 519-973-1324
Ontario Correctional Institute
Box 1888, 109 McLaughlin Road South
Brampton, ON L6Y 2P1
Phone: 905-457-7050
A.5.5
Victim Services
Ontario residents have access to a variety of victim services run by non-profit
agencies, local police detachments, provincial departments and others.
The Ontario Victim Services Secretariat publishes a searchable directory of
these services at www.attorneygeneral.jus.gov.on.ca/english/ovss/ -- Click
on “Victim Services Directory.” Alternatively, contact information for
appropriate services can be obtained
Ontario Victim Services Secretariat
Head Office
18 King St. East, 7th Floor
Toronto, ON M5C 1C4
Telephone: (416) 325-3265
120
A.6
Quebec
A.6.1
Police Services
Provincial police services in Québec are delivered by the Sûreté du Québec
and 65 municipal, regional and First Nation police agencies. Sources of contact
information for these police services are identified below.
Sûreté du Québec
1701, rue Parthenais
Montréal, Québec H2K 3S7
Phone: (514) 598-4141
Website:
www.suretequebec.gouv.qc.ca
Other Police Services
The Department of Public Security publishes a
directory with the contact information for the
34 municipal and 31 First Nation police
services in Québec:
www.msp.gouv.qc.ca/police/services_police/
Note: Contact information for
Sûreté du Québec divisions,
regional offices detachments is
published on the agency’s website
under “Pour nous joindre.”
A.6.2
Prosecution Services
The Director of Criminal and Penal Prosecutions is responsible for prosecutions
under the Criminal Code, the Youth Criminal Justice Act and other federal acts
within the mandate of the Attorney General of Québec, including drug
offences investigated by the Sûreté du Québec, municipal, regional and First
Nation police agencies. The Director also prosecutes all cases to which the
Code of Penal Procedure applies, and advises the police forces responsible for
enforcing Québec legislation on all aspects of an investigation or criminal and
penal proceedings.
The agency’s prosecuting attorneys provide through 39 local offices and eight
(8) specialized offices: Bureau de la jeunesse de Montréal; Bureau de la
qualité des services professionnels; Bureau de lutte au crime organisé; Bureau
de lutte aux produits de la criminalité; Bureau des affaires criminelles et
jeunesse; Bureau des affaires pénales; Bureau de service-conseil ;and, Bureau
des affaires extérieures, de la sécurité et du développement.
Directeur des poursuites criminelles et pénales
1195, avenue Lavigerie, bureau 60
Québec, Québec G1V 4N3
Phone: (418) 643-9059
121
Note: Contact information for the 39 local offices of the Director of Criminal and
Penal Prosecutions are published on the directorate’s website at
http://www.dpcp.gouv.qc.ca/, under “DPCP, présent pour vous,” then “Les points de
services.”
High Risk Offender Policy: The Director of Criminal and Penal Prosecutions has
published two directives directly related to dealing with high-risk offenders:


DEL-1 Délinquant dangereux ou délinquant à contrôler - Procédure
de demande; and
RDH-1 Registre des délinquants à haut risque.
These and other directives are available at http://www.dpcp.gouv.qc.ca/,
under “Accueil,” “Services aux citoyens,” then “Directives du Directeur.”
A.6.3
Correctional Services
The Direction générale des services correctionnels (DGSC) is responsible for
the delivery of Québec’s custodial and community correctional services
comprising some 40 probation offices and eighteen penal institutions.
Direction générale des services correctionnels
2525, boulevard Laurier, Tour des Laurentides
Québec, Québec G1V 2L2
Phone: (418) 643-3500
Note: Contact information for the Quebec’s administrative offices, probation offices and
correctional institutions is published on the Ministry of Public Security’s website at
www.msp.gouv.qc.ca/msp/msp.asp?txtSection=nous_joindre&txtCategorie=coordonnees
A.6.4
Victim Services
Québec’s crime victims assistance centres (CAVACs), which are government
supported community organizations, deliver victims assistance program across
the province .They offer front-line services to all victims of crime and their
immediate family and to witnesses to a crime. The centres provide assistance
regardless of whether the perpetrator of the crime has been identified,
apprehended, prosecuted or convicted.
The CAVAC website, www.cavac.qc.ca/accueil.html, publishes contact for
each of the 16 regional organizations under the heading CAVAC Network. The
information contained there includes contact information for a variety
regional victim resources .
122
123
A.7
New Brunswick
A.7.1
Police Services
Provincial police services in New Brunswick are delivered the RCMP and nine
municipal and regional police agencies. Contact information for these police
services are identified below.
Bathurst Police Force
285 King Avenue
Bathurst, NB E2A 1N9
Phone: (506) 548-0420
Website: www.bathurst.ca
RCMP "J" Division
1445 Regent Street
Fredericton, NB E3B 4Z8
Phone: (506) 452-3400
Website: www.rcmp-grc.gc.ca/nb
BNPP Regional Police Force
398 Main Street
Nigadoo, NB E8K 3M8
Phone: (506) 542-2666
Website: www.bnpppolice.ca
Serves: Beresford, Nigadoo, Petit-Rocher,
Pointe-Verte
Note: Contact information for RCMP
detachments in New Brunswick is
published on the “J” Division website.
Edmundston Police Force
45 Church Street
Edmundston, NB E3V 1J4
Phone: (506) 739-2100
Website: www.ville.edmundston.nb.ca
Rothesay Regional Police Force
126 Millennium Drive
Quispamsis, NB E2E 6E6
Phone: (506) 847-6300
Website:
www.rothesayregionalpolice.com
Saint John Police Force
P. O. Box 1971, 15 Market Square
Saint John, NB E2L 4L1
Phone: (506) 648-3200
Website: www.saintjohn.ca/police
Fredericton Police Force
311 Queen Street
Fredericton, NB E3B 1B1
Phone: (506) 460-2300
Website: www.frederictonpolice.com
Woodstock Police Force
822 Main Street
Woodstock, NB E7M 2E8
Phone: (506) 325-4601
Website: www.town.woodstock.nb.ca
Grand Falls Police Force
131 Pleasant Street, Suite 100
Grand Falls, NB E3Z 1G6
Phone: (506) 475-7767
Website: www.grandfalls.com
Miramichi Police Force
1820 Water Street,
Miramichi, NB E1N 1B7
Phone: (506) 623-2125
Website: www.miramichi.org
124
A.7.2
Prosecution Services
The Public Prosecutions Branch, Office of the Attorney General, is responsible
for provincial prosecutions in New Brunswick. The Branch is headquartered in
Fredericton with regional offices in thirteen communities.
Public Prosecutions Branch
Office of the Attorney General
520 King Street
Fredericton, New Brunswick E3B 6G3
Phone: (506) 453-2784
Web Site: www.gnb.ca/0062/index-e.asp
Note: Contact information for the Branch’s regional offices is available through the
New Brunswick Government Directory at http://app.infoaa.7700.gnb.ca/gnb/pub/
using the search term “Crown Prosecutors Office.”
A.7.3
Correctional Services
New Brunswick’s Community and Correctional Services Division provides
services and programs to victims of crime and operates community based
programs and custody facilities for young offenders and adults remanded to
custody or serving a sentence of up to two years.
The correctional institutions offer offenders specialized programs tailored to
meet the individual needs. In the community, the Branch delivers five core
rehabilitation programs for low-risk offenders to address substance abuse,
partner abuse, offender risk-reduction, sexual abuse and anger management.
Community and Correctional Services Division
Argyle Place, P. O. Box 6000
Fredericton, NB E3B 5H1
Phone: (506) 453-3992
Note: The following are the locations and contact information for New Brunswick’s
probation offices:
Bathurst Office
Bathurst Courthouse
254 St. Patrick Street
Bathurst, NB 2A 3Z9
(P) 506-547-2159
Miramichi Office
Miramichi Court House, Floor 1
673 King George Highway
Miramichi, NB E1V 1N6
(P) 506-627-4060
Bouctouche Office
RCMP Building , Floor 1
75 du Couvent Road
Bouctouche, NB E4S 3B7
(P) 506-743-7233
Moncton Office
Assumption Place, Floor 9
770 Main Street
Moncton, NBE1C 1E7
(P) 506-856-2313
Campbellton Office
Saint John Office
125
Room 402, Floor 4
113 Roseberry Street
Campbellton, NB E3N 2G6
(P) 506-789-2339
15 Market Square
4th Floor, City Hall
Saint John, NB E2L 1E8
(P) 506-658-2495
Edmundston Office
Carrefour Assomption
Room 215, Floor 2
121 de l’ Eglise Street
Edmundston, NB E3V 1J9
(P) 506-735-2030
St. Stephen Office
St. Stephen Provincial Building
41 King Street
St. Stephen, NB E3L 2C1
(P) 506-466-7510
Shippagan Office
Floor 2
233 J.D. Gauthier Blvd.
Shippagan, NB E8S 1N2
(P) 506-336-3060
Fredericton Office
Fredericton Regional Centre
300 Saint Mary’s Street
Fredericton, NB E3A 2S4
(P) 506-453-2367
Tobique First Nation Office
13156 Route 105
Tobique First Nation, NB E7H 5M7
(P) 506-273-4723
Grand Falls Office
Grand Falls Provincial Building, Floor 2
430 Broadway Blvd.
Grand Falls, NB E3Z 2K6
(P) 506-473-7705
A.7.4
Woodstock Office
Dimmock Building
Room 2, Floor 1
111 Chapel Street
Woodstock, NB E7M 1G6
(P) 506-325-4423
Victim Services
The Department of Public Safety maintains Victim Service Office located in
Bathurst, Burton, Campbellton, Edmundston, Elsipogtog First Nation,
Fredericton, Grand Falls, Miramichi, Moncton, Richibucto, Saint John, Shediac,
St. Stephen, Tracadie-Sheila and Woodstock.
Victim Services
Community Services Division, Public Safety
Argyle Place P. O. Box 6000
Fredericton, NB E3B 5H1
Phone: (506) 453-3992
Web Site: www.gnb.ca/0276/victimservices/index-e.asp
Note: Contact information for local offices is available through the victim services
website.
126
127
A.8
Prince Edward Island
A.8.1
Police Services
Police services in Prince Edward Island are provided by three municipal forces
and the RCMP “L” Division. Contact information for these services follows:
Borden-Carleton Police Department
244 Borden Avenue
P O Box 69
Borden-Carleton, PE C0B 1X0
(902) 437-2228
RCMP Detachments:
East Prince Detachment
29 Schurman's Point Road
North Bedeque, PE C1N 4J9
Phone: (902) 436-9300
Charlottetown Police Department
P O Box 98, 10 Kirkwood Drive
Charlottetown, PE 1A 7K2
(902) 629-4172
West Prince Detachment
39544 Route 2
Rosebank, PE C0B 1K0
Phone: (902) 853-9300
Charlottetown Detachment
153 Maypoint Road
Charlottetown, PE C1E 1X5
Phone: (902) 368-9300
Summerside Police Department
270 Foundry Street
Summerside, PE C1N 1G1
(902) 432-1201
Montague Detachment
5199 AA MacDonald Highway
Montague, PE C0A 1R0
Phone: (902) 838-9300
Kensington Police Department
P O Box 494
Kensington, PE C0B 1M0
(902) 836-4499
Souris Detachment
198 Main Street
Souris, PE C0A 2B0
Phone: (902) 687-9300
RCMP "L" Division
PO Box 1360, 450 Ave University
Charlottetown, PE C1A 7N1
Phone: (902) 566-7112
Website: www.rcmp-grc.gc.ca/pe
A.8.2
Prosecution Services
The Office of the Attorney General is responsible for provincial prosecutions in
Prince Edward Island. The Coordinator and Assistance Coordinator of the
National Flagging/High-Risk Offender Program are located in the Crown
Attorney’s Office.
Crown Attorney’s Office
197 Richmond Street
Charlottetown, PEI C1A 1J3
Phone: (902) 368-4595
Note: Contact information for the Crown Attorneys Offices in Charlottetown and
128
Summerside is available at www.gov.pe.ca/oag/ca-info/index.php3.
A.8.3
Correctional Services
The Community and Correctional Services Division is responsible for youth and
adult correctional services in Prince Edward island. The Division is made up of
number of sections including:



Community Programs Section – responsible for the following
community based programs and services: Probation Services (Adult
Offenders) and Youth Justice Services including the Alternative
Residential Placement/Community Youth Worker Program, Youth
Probation Services, and the Youth Intervention Outreach Program.
Correctional Programs– responsible for correctional programs for adult
and young offenders in three custodial facilities across the province.
Clinical Services – provide assessment and treatment services for highrisk adults and youth involved with the criminal justice system. The
team also provides training, consultation, and case management
support.
Community and Correctional Services
109 Water Street
Summerside, PE C1N 1A8
Phone: (902) 432-2847
Webpage: www.gov.pe.ca/oag/cacs-info/index.php3
Other Correctional Services
Community Justice Resource Centre
Organization
Type
Description
Queens Health and Corrections Canada
□ Custody
□ Residential
 Community
The Centre promotes healthier lifestyles for individuals, as well as
assisting authorities to maintain safer communities. Its programs
include:
 Anger Management – an integrative, cognitive behavioural
approach that teaches mood patterns & triggers, total behaviour
concepts, anger sequences, decision making, problem solving,
refusal skills, negotiation/positive self-talk.
 Cognitive Living Skills – core program offered to offenders by
staff of Correctional Services of Canada. This is the foundation
program designed to target the thinking styles that sustain
criminal behaviour. The purpose of the program is to introduce
to offenders a series of new tools for solving problems and
approaching decisions, interpersonal relationships and
uncomfortable social situations more effectively.
 Life Skills – deals with looking at one's behaviours and attitudes
129



in relation to the areas of self, family, community, leisure,
school, and employment.
Self-Esteem – eleven sessions dealing with childhood abuse,
self-confidence, communication, refusal skills, goal setting,
values, spirituality, creativity and closure.
Sexual Deviance Assessment/ Treatment –provides assessment
and treatment services for adults or adolescents who have
engaged in, or who are at risk of engaging in sexually deviant
behaviour. Services are made available regardless of whether or
not the behaviour has resulted in a conviction under the
Criminal Code of Canada.
Turning Point –provides counselling to men who want to stop
controlling and abusive behaviour towards their female partner.
The program also focuses upon the development of skills related
to problem solving and communication, allowing participants to
deal with anger and other emotions in a constructive manner.
Eligibility
Various
Duration
Various
Location(s)
Charlottetown
Contact
Coordinator
Clinical Services
Community and Correctional Services
Riverside Drive Extension, Charlottetown, PE
Phone: (902) 368-6390
A.8.4
Victim Services
The Office of the Attorney General provides victim services that include
information for individual victims about the status of cases in the criminal
justice system, short term counselling and emotional support, referrals, court
preparation, help in preparing a victim impact statement, financial
information. Victims of sexual violence also have access to the services of the
PEI Rape & Sexual Assault Centre.
Queens and Kings Counties Victim
Services
1 Harbourside Access Road.
Charlottetown, PE C1A 7N8
Phone: (902) 368-4582
PEI Rape & Sexual Assault Centre
P.O. Box 1522
1 Rochford Street, Charlottetown
Prince Edward Island, Canada C1A 7N3
Phone: (902) 566-1864
Website: www.peirsac.org
Prince County Victim Services
263 Harbour Drive
Suite 19, 2nd Floor
Summerside, PE C1N 5P1
Phone: (902) 888-8217
130
131
A.9
Nova Scotia
A.9.1
Police Services
Provincial police services in Nova Scotia are delivered the RCMP and twelve
municipal and regional police agencies. Contact information for these police
services are identified below.
Amherst Police
45 Victoria Street
Amherst, NS B4H 1X4
Phone: (902) 667-8600
Website: www.town.amherst.ns.ca
RCMP “H” Division
3139 Oxford Street, PO Box 2286
Halifax NS B3J 3E1
Phone: (902) 426-3940
Website: www.rcmp-grc.gc.ca/ns
Annapolis Royal Police
P0 Box 310, 285 St. George Street
Annapolis Royal, NS B0S 1A0
Phone: (902) 532-2427
Note: Contact information for RCMP
detachments in Nova Scotia is published
on the “H” Division website.
Springhill Police
PO Box 2380
Springhill, NS B0M 1X0
Phone: (902)597-3779
Website: http://town.springhill.ns.ca
Bridgewater Police
45 Exhibition Drive
Bridgewater, Nova Scotia B4V 0A6
Phone: (902) 543-2464
Website: www.bridgewaterpolice.ca
Stellarton Police
PO Box 609
Stellarton, NS B0K 1S0
Phone: (902)752-6160
Website: www.stellarton.ca
Cape Breton Regional Police
865 Grand Lake Road
Sydney, NS B1P 6W2
Phone: (902) 563-5151
Website: www.cbrm.ns.ca
Trenton Police
PO Box 1224
Trenton, NS B0K 1X1
Phone: (902) 752-1113
Website: www.town.trenton.ns.ca
Halifax Regional Police
1975 Gottingen Street
Halifax, NS B3J 2H1
Phone: (902) 490-5016
Website: www.halifax.ca/police
Truro Police
776 Prince Street
Truro, NS B2N 1G9
Phone: (902) 895-5351
Website: www.truro.ca
Kentville Police
80 River Street
Kentville, NS B4N 1G9
Phone: (902) 678-3378
Website: www.kentvillepolice.ca
New Glasgow Police
225 Park Street
New Glasgow, NS B2H 5B7
Phone: (902) 755-8331
Website: http://xobtwn.newglasgow.ca
132
Westville Police
PO Box 923, 2020 Queen Street
Westville, NS B0K 2A0
Phone: (902) 396-2777
Website: www.westville.ca
A.9.2
Public Notification
Nova Scotia’s Release of High Risk Offender Information Protocol provides
police and correctional authorities with the policy and procedural framework
for decisions concerning whether to release offender information to the
public. The protocol recognizes that the police retain the ultimate authority in
determining the release of information, it does require that they seek the
advice of the Community Notification Advisory Committee, a structure
established by the Minister of Justice and Attorney General.
A.9.3
Prosecution Services
All prosecutions within the jurisdiction of the Attorney General of Nova Scotia
are the responsibility of the Director of Public Prosecutions and are conducted
by the Service’s Crown attorneys, independently of the Attorney General.
Public Prosecution Service
Head Office
Suite 1225, Maritime Centre
1505 Barrington Street
Halifax, Nova Scotia, B3J 3K5
Phone : (902) 424-8734
Website: www.gov.ns.ca/pps/
Note: Contact information for the Crown Attorney’s offices across Nova Scotia is
published on the Public Prosecutions Service’s website under “Where to Find Us.”
High Risk Offender Policy: The Crown Attorney Manual: Prosecution and
Administrative Policies for the PPS, which is published on the Public
Prosecution Services website, includes statements respecting issues relevant
to dealing with high-risk offenders:



A.9.4
National Flagging System for High Risk, Violent Offenders;
The ECFPH Sexual Offender Treatment Program
Sexual Offences - Practice Note
Correctional Services
The Correctional Services division of the Department of Justice is responsible
for the administration and operation of community and custody-based
programs and services for adult offenders and young persons.
133
Correctional Services Division
Department of Justice
8th Floor, 5151 Terminal Road (B3J 1A1)
Halifax, NS B3J 2L6
Phone: 902-424-7640
Webpage: www.gov.ns.ca/just/Corrections/default.asp
Note: Contact information for the Correctional Services Community Offices is
published at http://www.gov.ns.ca/just/Corrections/community_offices.asp
The agency provides programs to offenders while under community
supervision or in custody to address factors that relate to criminal behaviour
and facilitate successful reintegration into the community. Programs are
facilitated by trained Correctional Services staff and, where appropriate, are
delivered in coordination with other government and community agencies.
Programs & Services: The Division publishes an online directory that provides
a brief overview and contact information regarding correctional programs
delivered to offenders by the NS Department of Justice, Correctional Services
Division as well as information on community resources normally accessed by
youth and adult offenders in Nova Scotia. The directory is located at the
following webpage:
www.gov.ns.ca/just/Corrections/Programs_Services/default.asp.
The following are descriptions of some core programs:
Sex Offender Treatment Program
Organization
Type
Capital District Mental Health Program
□ Custody
□ Residential
 Community
Description
The program provides assessment and treatment to convicted sex
offenders throughout the province. Two full-time psychologists and
several other part-time psychological staff comprise this service,
which works in partnership with the provincial Probation service and
the provincial Public Prosecution service. The clinic employs
phallometric measurement of sexual arousal and polygraphy as part
of comprehensive risk assessments and delivers treatment through
outpatient group and individual psychotherapy. Sex offenders in
treatment learn concepts and skills to prevent re-offending. The
program utilizes a cognitive behavioural relapse prevention model,
which requires that offenders accept full responsibility for their
behaviour. Group sessions (co-facilitated by trained correctional
services staff) cover topics such as; self-help assignments, concepts
of sexual offending behaviour, coping, risk factors, and empathy.
After successful completion of the program participants are required
to attend a maintenance group, to ensure that learned concepts and
skills can be applied.
Eligibility
Adult males who have been convicted or who admit to a sexual
offence
134
Duration
Participants attend a 30-week program with group meetings held
once a week for 3 hours. The Maintenance Program extends for an
additional 24 weeks, and requires 2 hours of group participation per
week,
Location(s)
The Sydney, New Glasgow, Kentville and Halifax catchment areas.
Capital District Mental Health Program
Phone: (902) 464-3211
Contact
Other
Each agency assessment is $2,500. Offenders without financial
means may be subsidized to a maximum of $1,000.
Respectful Relationships
Organization
Department of Justice, Correctional Services
 Custody
Type
□ Residential
 Community
Description
The program is designed to provide alternatives for adult men to be
able to express and control their emotions without causing harm to
their partner. This program includes topics such as: What is abuse,
Feelings and Emotions, Dealing with Anger, Impact of Violence,
Power and Control Vs. Equality, Respectful Communication and Time
for Change.
Eligibility
Adult Men who are required by court order to attend a Domestic
Violence program.
Duration
10 three-hour sessions
Location(s)
Selected adult correctional facilities and Community Corrections
offices.
Contact
Classification Officer
Sydney Community Corrections Office
Phone: ( 902) 563-2363
Other
NA
Cage Your Rage
Organization
Type
Department of Justice, Correctional Services
 Custody
□ Residential
□ Community
Description
An anger management education program that teaches offenders to
control and respond to emotions. The program is cognitivebehaviourally based with an affective component. The topics
include: anger styles, anger in childhood, faces of anger, and
physiology of anger.
Eligibility
Adult male and female offenders who have difficulty expressing and
controlling their anger.
Duration
10 two-hour sessions
135
Location(s)
Designated adult correctional facilities
Contact
Classification Officer
Sydney Community Corrections Office
Phone: ( 902) 563-2363
Other
NA
Risk Assessment: All sentenced offenders are assessed using standardized risk
and needs assessment instruments. The fundamental assumption underlying
the design of these instruments is that case management decisions about an
offender must be based on valid and relevant assessment of their risk and
need characteristics. The Level of Service Inventory – Revised (LSI-R) is used for
assessing risk and needs in Adult offenders. Re-assessments are conducted
every six months with adjustments made to supervision and intervention
services based on inventory results.
A.9.5
Victim Services
Nova Scotia’s Department of Justice provides information, support and
assistance to crime victims and family members through the four regional
offices (See below). The Halifax Regional Police also offers a victim service
program designed to support victims of intimate partner abuse through
civilian employees and volunteers who work with the police. To contact the
Victim Services Unit call (902) 490-5300.
Dartmouth
277 Pleasant Street, 3rd Floor
Dartmouth, Nova Scotia B2Y 4B7
Phone: (902) 424-3307
Serves: Halifax, Dartmouth & Halifax
County
Kentville
49 Cornwallis Street, Suite 204
Kentville, Nova Scotia B4N 2E3
Phone: (902) 679-6201
Serves: Annapolis, Kings, Hants,
Lunenburg, Queens, Shelburne,
Yarmouth & Digby Counties
136
New Glasgow
115 MacLean Street, 2nd Floor
New Glasgow, Nova Scotia B2H 4M5
Phone: (902) 755-7110
Serves: Pictou, Guysborough,
Antigonish, Colchester &
Cumberland Counties
Sydney
136 Charlotte Street, 4th Floor
Sydney, Nova Scotia B1P 1C3
Phone:(902) 563-3655
Serves: Cape Breton, Richmond,
Inverness & Victoria Counties
137
A.10 Newfoundland and Labrador
A.10.1 Police Services
Royal Newfoundland Constabulary
1 Fort Townshend
St. John's, NL A1C 2G2
RCMP “B” Division
100 East Whitehills Rd
P.O. Box 9700
St. John’s, NL A1A 3T5
Phone: (709) 772-5400
Website: www.rcmp-grc.gc.ca/nl/
St. John’s
(709) 729-8000
Corner Brook
(709) 637-4100
Labrador City
(709) 944-7602
Churchill Falls
(709) 925-3524
Note:
Contact information for RCMP
detachments in Newfoundland and
Labrador is published on the “B” Division
website.
A.10.2 Prosecution Services
The Public Prosecutions Division conducts prosecutions under the Criminal
Code of Canada, the Youth Criminal Justice Act, and certain provincial statutes.
In addition to its headquarters, the division is comprised of nine regional
offices and a Special Prosecutions Unit.
Public Prosecutions Division
Department of Justice
4th. Floor, East Block
Confederation Building
St. John's, NF A1B 4J6
Phone: (709) 729-2868
Webpage: www.justice.gov.nl.ca/just/PROSECT/criminal_law.htm
Note: A list of regional offices is published on the division’s webpage.
A.10.3 Correctional Services
Corrections & Community Services, Department of Justice, is responsible for
the province’s adult custodial and community corrections programs. The
Community corrections offices across the province deliver pre-sentence
investigative services, administer community-based sentencing alternatives,
supervise probation, community service and restitution orders, as well as
conditional sentences. The offices are located in Clarenville, Corner Brook,
Gander, Grand Falls-Windsor, Happy Valley/Goose Bay, Harbour Grace,
Marystown, Nain, Port aux Basques, Port Saunders, Springdale, St. John's,
Stephenville and Wabush.
138
Community Corrections
St. John's Regional Office
4th Floor, Atlantic Place
St. John's, NL AlC lH6
Phone: (709) 729-0303
A.10.4 Victim Services
The Department of Justice’s Victim Services has eleven regional offices
providing victims with:





general information about the criminal justice system;
information on case status;
assistance with preparing Victim Impact Statements;
referrals to specialized community resources if needed; and
emotional support and short-term counselling as victims go through
court.
Victim Services – Provincial Office
4th Flr, Confederation Bldg, East Block
St. John's, NL A1B 4J6
Phone: (709) 729-7970
Webpage: www.justice.gov.nl.ca/just/overview.htm
Note: Contact information for the province’s Victim Service offices is published on
the service’s webpage under “Victims Services Contacts.”
139
A.11 Nunavut
A.11.1 Police Services
Police services in Nunavut are provided by the RCMP through 25 detachments
across the territory.
RCMP “V” Division
Box 500
Iqaluit, NU X0A 0H0
Phone: (867) 975-4409
Note: A listing of RCMP detachments in Nunavut is published at www.rcmpgrc.gc.ca/detach/nu-eng.htm
A.11.2 Prosecution Services
The Public Prosecution Service of Canada is responsible for prosecuting all
Criminal Code offences and offences under other federal statutes in the
territory.
Public Prosecution Service of Canada
Nunavut Regional Office (Iqaluit)
P.O. Box 1030
Iqaluit, Nunavut X0A 0H9
Phone: (867) 975-4600
A.11.3 Correctional Services
Nunavut Corrections administers the adult and youth custodial programs in
the territory.
Corrections
Department of Justice
Government of Nunavut
P.O. Box 1000, Station 580,
Iqaluit, Nunavut X0A 0H0
Phone: (867) 975-6500
A.11.4 Victim Services
Victim Service Coordinator
Department of Justice
Community Justice Division
P.O. Box 1000 Stn 510
Iqaluit, NU X0A 0H0
140
Phone: (867) 975-6308
141
A.12 Northwest Territories
A.12.1 Police Services
Policing services in the NWT are delivered by the RCMP with its headquarters
is located in Yellowknife and 21 detachments of varying sizes located
throughout the territory.
RCMP “G” Division
Bag 5000
5010 - 49th Avenue (Henry Larsen Building)
Yellowknife, NWT X1A 2R3
Phone: (867) 669-5100
Note: A listing of RCMP detachments in Northwest Territories is published at
www.rcmp-grc.gc.ca/detach/nt-eng.htm
A.12.2 Prosecution Services
The Public Prosecution Service of Canada is responsible for prosecuting all
Criminal Code offences and offences under other federal statutes in the
territory.
Public Prosecution Service of Canada
Northwest Territories Regional Office (Yellowknife)
Joe Tobie Building, 3rd Floor 5020 - 48th Street
Yellowknife, NWT X1A 2N1
Phone: (867) 669-6900
A.12.3 Correctional Services
The Corrections Services Division provides custodial services for territorial and
federal offenders and probation supervision, temporary absence supervision,
court reports for adult offenders and youth, and parole supervision under
contract to the Correctional Services of Canada.
Corrections Division
Department of Justice
5th Floor, Courthouse P.O. Box 1320
Yellowknife, NT X1A 2L9
Phone: (867) 920 8922
Note: A directory of local and regional community corrections offices and staff is
published at www.justice.gov.nt.ca/probation/Corrections_Services.shtml
Adult Probation Services
Yellowknife (867) 873-7747
Inuvik
(867) 777-7334
142
Hay River
(867) 874-6272 ext 223
A.12.4 Victim Services
NWT Victim Services provide assistance and support for victims of crime
through local victim service agencies in the following communities:
Yellowknife, Hay River, Inuvik, Fort Simpson, Fort Good Hope, Fort Smith,
Aklavik, Paulatuk, Behchoko, Gamèti and Whatì. Inuvik Victim Services
currently offers outreach services to Sachs Harbour and workers in the Tlicho
region provide outreach to Wekweètì.
NWT Victim Services
Department of Justice
PO BOX 1320
YELLOWKNIFE, NT X1A 2L9
Phone: (867) 920-6911
Webpage: www.justice.gov.nt.ca/VictimServices/index.shtml
Note: A directory of local victim service offices and staff is published at
www.justice.gov.nt.ca/VictimServices/VictimServices_Contact.shtml
143
A.13 Yukon
A.13.1 Police Services
The Yukon’s police services are delivered by the RCMP with divisional
headquarters in Whitehorse and detachments in Beaver Creek, Carcross,
Carmacks, Dawson City, Faro, Haines Junction, Mayo, Old Crow, Pelly Crossing,
Ross River, Teslin, Watson Lake, and Whitehorse.
RCMP “M” Division
4100 4th Ave
Whitehorse, Yukon Territory Y1A 1H5
Telephone: 867-667-5551
Website: www.rcmp-grc.gc.ca/yk
Note: Contact information for the RCMP detachments in Nunavut is published on the
“M” Division website.
A.13.2 Prosecution Services
The Public Prosecution Service of Canada is responsible for prosecuting all
Criminal Code offences and offences under other federal statutes in the
territory.
Public Prosecution Service of Canada
Yukon Regional Office (Whitehorse)
Elijah Smith Building
300 Main Street, Suite 200
Whitehorse, Yukon Y1A 2B5
Phone: (867) 667-8100
A.13.3 Correctional Services
Community & Correctional Services
Department of Justice
Correctional and Community Services
Prospector Building, 301 Jarvis Street (2nd floor)
Whitehorse, YukonY1A 2C6
Phone: (867) 393-7077
Webpage: www.justice.gov.yk.ca/prog/cor/index.html
Adult Probation Services
Whitehorse (867) 667-5231
Dawson City (867) 993-5150
Mayo
(867) 996-2294
Watson Lake (867) 536-7565
144
Offender Programs
The following identify two Yukon correctional programs relevant to dealing
with high-risk offenders:


Sexual Offender Risk Management Program – a comprehensive
approach that combines cognitive behavioural treatment with a
monitoring and supervision component in order to minimize the risk of
re-offence. Assessment, individual and group-treatment are all part of
the program. Services are also provided to developmentally delayed
and FAS/FAE clients. Long term group treatment coupled with external
controls is the preferred treatment approach.
Spousal Abuse Program – provides individual and group treatment to
persons who have been or are abusive in their intimate relationship.
The treatment program is cognitive behavioural and psychoeducational in design. Groups run regularly for ten-week periods
throughout the year. The program accepts court mandated and
voluntary clients.
A.13.4 Victim Services
The Victim Services and Family Violence Prevention unit, Department of
Justice, and other organizations offer support services and professional help to
victims of crime and abuse.
Victim Services and Family Violence Prevention Unit
Department of Justice
301 Jarvis St.
Whitehorse, Yukon Y1A 2C6
Phone: (867) 667-8500 or 1-800-661-0408
Local Services
Kwanlin Dun Victim Services Coordinator
Dawson City Victim Services Coordinator
Watson Lake Victim Services Coordinator
Kwanlin Dun Community Wellness Program
145
(867) 633-7852
(867) 993-5831
(867) 536-2541
(867) 633-6149
A.14 Correctional Service of Canada
The Correctional Service of Canada responsibilities with respect to high-risk
offenders include:





the safe custody of dangerous and long-term offenders during the
custodial portions of their sentences;
the supervision of dangerous offenders who may be granted parole;
the supers ion of offenders under long-term supervision orders;
the provision of program and services to assist in the rehabilitation and
reintegration of offenders; and
collaboration with police and prosecution services that are in the
investigation, prosecution and correctional management of high-risk
offenders.
CSC does not provide supervision for peace bonds.
A.14.1 Dangerous Offender and Long-term Offender Applications
CSC personnel can assist police and prosecution officials dealing with
dangerous or long-term offender applications involving offenders who have
previously served federal sentences, as well as those that have not. The
Service will, when requested by the court, provide information on the general
operation and offender programming capacities within CSC. In addition, CSC
staff, including psychologists and program specialists, are available to provide
expert testimony to the court on offender programs and program efficacy.
If the offender is a current or former CSC inmate, CSC staff can provide
information on the offender’s behaviour while in custody or in the community
on conditional release. They can also provide testimony during the application
hearing on the methods in which file information is collected and explain or
interpret the various tests, scales and forms which are used within the federal
corrections system. If the offender was under the supervision of a parole
officer, that officer can be called upon to provide information and evidence on
the particulars of supervision. Requests for such information should be made
in writing to the local CSC Area Office, District Office or Regional Headquarters.
Police or prosecution officials looking for general information about
community-based treatment programs, services and levels of supervision
available for long-term offenders, should speak to the section supervisor or
senior parole officer at a local CSC parole office. Those looking for information
about institutional procedures and programs should call one of the institutions
in the region and speak to the case management coordinator.
General and detailed information about the Correctional Service of Canada’s
correctional programs can be obtained from the organization’s website
http://www.csc-scc.gc.ca/ under “Programs.”
146
The contact information for the institutions and parole offices in each region
follows.
Institutions - Pacific Region
Ferndale Institution (Minimum)
33737 Dewdney Trunk Road, PO Box 50
Mission, British Columbia, V2V 4L8
Phone: (604) 820-5720
Mountain Institution (Medium)
4732 Cemetery Road, PO Box 1600
Agassiz, British Columbia, V0M 1A0
Phone: (604) 796-2231
Fraser Valley Institution for Women
(Multi-Level)
33344 King Road
Abbotsford, British Columbia, V2S 6J5
Phone: (604) 851-6000
Mission Institution (Medium)
8751 Stave Lake Street, PO Box 60
Mission, British Columbia, V2V 4L8
Phone: (604) 826-1231
Pacific Institution/Regional Treatment
Centre (Multi-Level)
33344 King Road, PO Box 3000
Abbotsford, British Columbia, V2S 4P4
Phone: (604) 870-7700
Kent Institution (Maximum)
4732 Cemetery Road, PO Box 1500
Agassiz, British Columbia, V0M 1A0
Phone: (604) 796-2121
Kwìkwèxwelhp Healing Village
(Minimum)
Harrison Mills, British Columbia
(Off Morris Valley Road), V0M 1L0
Phone: (604) 796-1650
William Head Institution (Minimum)
6000 William Head Road
Victoria, British Columbia, V9C 0B5
Phone: (250) 391-7000
Matsqui Institution (Medium)
33344 King Road, PO Box 2500
Abbotsford, British Columbia, V2S 4P3
Phone: (604) 859-4841
Parole Offices - Pacific Region
Abbotsford
32544 George Ferguson Way, Ste. 100
Abbotsford, BC, V2T 4Y1
Phone: (604) 870-2730
Nanaimo
256 Wallace Street, Suite 200
Nanaimo, BC, V9R 5B3
Phone: (250) 754-0264
Chilliwack
45914 Rowat Avenue
Chilliwack, BC, V2P 1J3
Phone: (604) 702-2255
New Westminster
600 Columbia Street
New Westminster, BC, V3M 1A5
Phone: (604) 666-3731
Courtenay
420 Cumberland Road
Courtenay, BC, V9N 2C4
Phone: (250) 338-2902
Prince George
201 - 280 Victoria Street
Prince George, BC, V2L 4X3
Phone: (250) 561-5314
147
Parole Offices - Pacific Region
Kamloops
200 - 175 2nd Avenue
Kamloops, BC, V2C 5W1
Phone: (250) 851-4800
Vancouver
401 - 877 Expo Boulevard
Vancouver, BC, V6B 1K9
Phone: (604) 666-8004
Kelowna
203 - 1635 Abbott St.
Kelowna, BC, V1Y 1A9
Phone: (250) 470-5166
Vernon
3101 - 32nd Avenue, Suite 205
Vernon, BC, V1T 2M2
Phone: (250) 260-5000
Maple Ridge
105 - 20110 Lougheed Highway
Maple Ridge, BC V2X 2P7
Phone: (604) 460-4050
Victoria
1230 Government Street, Suite 101
Victoria, BC, V8W 3M4
Phone: (250) 363-3267
Institutions - Prairie Region
Alberta
Saskatchewan
Bowden Institution (Medium &
Minimum)
Highway #2, PO Box 6000
Innisfail, Alberta, T4G 1V1
Phone: (403) 227-3391
Okimaw Ohci Healing Lodge (Medium &
Minimum)
PO Box 1929
Maple Creek, Saskatchewan, S0N 1N0
Phone: (306) 662-4700
Drumheller Institution (Medium &
Minimum)
Highway #9, PO Box 3000
Drumheller, Alberta, T0J 0Y0
Phone: (403) 823-5101
Regional Psychiatric Centre (Multi-Level)
2520 Central Avenue North, PO Box 9243
Saskatoon, Saskatchewan, S7K 3X5
Phone: (306) 975-5400
Riverbend Institution (Minimum)
15th Street West, PO Box 850
Prince Albert, Saskatchewan, S6V 5S4
Phone: (306) 765-8200
Edmonton Institution (Maximum)
21611 Meridian Street,PO Box 2290
Edmonton, Alberta, T5J 3H7
Phone: (780) 472-6052
Saskatchewan Penitentiary (Medium &
Maximum)
15th Street West, PO Box 160
Prince Albert, Saskatchewan, S6V 5R6
Phone: (306) 765-8000
Edmonton Institution for Women
(Multi-Level)
11151-178th Street
Edmonton, Alberta, T5S 2H9
Phone: (780) 495-3657
Willow Cree Healing Lodge (Minimum)
PO Box 520
Duck Lake, Saskatchewan, S0K 1J0
Phone: (306) 467-1200
Grande Cache Institution (Minimum)
Hoppe Avenue, Bag 4000
Grande Cache, Alberta, T0E 0Y0
Phone: (780) 827-4200
148
Institutions - Prairie Region
Grierson Centre (Minimum)
9530 - 101 St Avenue
Edmonton, Alberta, T5H 0B3
Phone: (780) 495-2157
Manitoba
Rockwood Institution (Minimum)
Highway #7, PO Box 72
Stony Mountain, Manitoba, R0C 3A0
Phone: (204) 344-3435
Pê Sâkâstêw Centre (Minimum)
Highway #2A. P.O. Box 1500
Hobbema, Alberta, T0C 1N0
Phone: (780) 585-4104
Stony Mountain Institution (Medium)
Highway #7, PO Box 4500
Winnipeg, Manitoba, R3C 3W8
Phone: (204) 344-5111
Parole Offices - Prairie Region
Alberta
Calgary
510 - 12th Avenue SW Suite 311
Calgary, AB, T2R 0X5
Phone: (403) 292-5505
Lethbridge
303 - 410 - 7th Street South
Lethbridge, AB, T1J 2G6
Phone: (403) 382-4782
Drumheller
PO Box 3000, Highway #9
Drumheller, AB, TOJ OYO
Phone: (403) 820-6078
Medicine Hat
770 - 6th Street Southwest Suite 203
Medicine Hat, AB, T1A 8H2
Phone: (403) 528-3099
Edmonton - Rural
9530 -101st Avenue 2nd Floor
Edmonton, AB, T5H 0B3
Phone: (780) 495-4900
Red Deer
4805-48 Avenue
Red Deer, AB, T4N 3T2
Phone: (403) 340-4276
Edmonton - Urban
9530 -101st Avenue, 2nd Floor
Edmonton, AB, T5H 0B3
Phone: (780) 495-4900
Southern Alberta Parole Office
510 - 12th Avenue SW Suite 311
Calgary, Alberta T2R 0X5
Phone: (403) 292-5522
Grand Prairie
PO Box 23250
Grande Prairie, AB, T8V 7G7
Phone: (780) 539-2355
Saskatchewan
La Ronge
1016 La Ronge Ave
La Ronge, SK S0J 1L0
Phone: (306) 425-2306
Regina
Suite 200 – 1975 Scarth Street
Regina, SK, S4P 2H1
Phone: (306) 780-6374
149
Parole Offices - Prairie Region
North Battleford
1146-102 Street, 3rd Floor
North Battleford, SK, S9A 1E9
Phone: (306) 446-1798
Saskatoon
603-230 22nd Street East
Saskatoon, SK, S7K 0E9
Phone: (306) 975-4065
Prince Albert
1288 Central Avenue, Suite 200
Prince Albert, SK, S6V 4V8
Phone: (306) 953-8567
Manitoba
Brandon
203-153 11th Street
Brandon, MB, R7A 7K6
Phone: (204) 726-7597
Winnipeg - Rural
102-123 Main Street
Winnipeg, MB, R3C 1A3
Phone: (204) 983-3050
The Pas
111 Fischer Avenue, P.O. Box 598
The Pas, MB, R9A 1K6
Phone: (204) 627-8770
Winnipeg - Urban
102-123 Main Street
Winnipeg MB, R3C 1A3
Phone: (204) 983-7980
Northwest Territories
5101 – 50th Avenue, 1st Floor
PO Box 2430
Yellowknife, NT, X1A 2P8
Phone: (867) 766-8502
Institutions - Ontario Region
Bath Institution (Medium)
5775 Bath Rd., PO Box 1500
Bath, Ontario, K0H 1G0
Phone: (613) 351-8346
Joyceville Institution (Medium)
Highway 15, PO Box 880
Kingston, Ontario, K7L 4X9
Phone: (613) 536-6400
Beaver Creek Institution (Minimum)
PO Box 1240
Gravenhurst, Ontario, P1P 1W9
Phone: (705) 687-6641
Kingston Penitentiary (Maximum)
560 King Street West, PO Box 22
Kingston, Ontario, K7L 4V7
Phone: (613) 545-8460
Collins Bay Institution (Medium)
1455 Bath Road, PO Box 190
Kingston, Ontario, K7L 4V9
Phone: (613) 545-8598
Millhaven Institution (Maximum)
Highway 33, PO Box 280
Bath, Ontario, K0H 1G0
Phone: (613) 351-8000
Fenbrook Institution (Medium)
2000 Beaver Creek Drive, P.O. Box 5000
Pittsburgh Institution (Minimum)
Highway 15, No. 3766, PO Box 4510
150
Institutions - Ontario Region
Gravenhurst, Ontario, P1P 1Y2
Phone: (705) 687-1895
Kingston, Ontario, K7L 5E5
Phone: (613) 536-4046
Frontenac Institution (Minimum)
1455 Bath Road, PO Box 7500
Kingston, Ontario, K7L 5E6
Phone: (613) 536-6000
Regional Treatment Centre (Maximum)
560 King Street West, PO Box 22
Kingston, Ontario, K7L 4V7
Phone: (613) 536-6900
Grand Valley Institution for Women
(Multi-Level)
1575 Homer Watson Blvd.
Kitchener, Ontario, N2P 2C5
Phone: (519) 894-2011
Warkworth Institution (Medium)
County Road #29, PO Box 760
Campbellford, Ontario, K0L 1L0
Phone: (705) 924-2210
Isabel McNeil House
525 King Street West
Kingston, Ontario, K7L 2X9
Phone: (613) 545-8845
Parole Offices - Ontario Region
Barrie
48 Owen St., Suite 302
Barrie, ON, L4M 3H1
Phone: (705) 727-4100
Sault Ste Marie
22 Bay St., Room 143
Sault Ste Marie, ON, P6A 5S2
Phone: (705) 941-3121
Brantford
58 Dalhousie St., Suite 212
Brantford, ON, N3T 2J1
Phone: (905) 751-8133
St- Catherine's
200- 55 King Street St.
Catharines, ON, L2R 3H5
Phone: (905) 988-4581/4582
Enhanced Supervision Unit - Toronto
330 Keele St., Main Floor
Toronto, ON, M6P 2K7
Phone: (416) 762-8589
Sudbury
19 Lisgar Street, Room 302
Sudbury, ON, P3E 3L4
Phone: (705) 671-0600
Guelph
117-255 Woodlawn Road West
Guelph, ON, N1H 8J1
Phone: (519) 826-2139
Thunder Bay
244 Lincoln Street, suite 100
Thunder Bay, ON, P7B 5L2
Phone: (807) 683-4493
Hamilton
55 Bay Street, North 2nd Floor
Hamilton, ON, L8R 3P7
Phone: (905) 572-2695
Toronto - Downtown
180 Dundas Street West, Suite 200
Toronto, ON, M5G 1Z8
Phone: (416) 973-3461
151
Parole Offices - Ontario Region
Kingston
234 Concession St, 1st Floor
Kingston, ON, K7K 6W6
Phone: (613) 545-8800
Toronto - East
2240 Midland Avenue, 2nd Floor
Toronto, ON, M1P 4R8
Phone: (416) 973-4586
London
199 Dundas Street, 2nd Floor
London, ON, N6A 1G4
Phone: (519) 645-4253
Toronto - West
7C Taymall Ave.
Toronto, ON, M8Z 3Y8
Phone: (416) 253-3060
North Bay
176B Main Street West,
North Bay, ON, P1B 2T5
Windsor
2090 Wyandotte Street East, 3rd Floor
Windsor, ON, N8Y 5B2
Phone: (519) 257-6826
Ottawa
191 Gilmour Street
Ottawa, ON, K2P 0N8
Phone: (613) 996-7011
Women's Supervision Unit (Toronto)
180 Dundas St. West, Suite 210
Toronto, ON, M5G 1Z8
Phone: (416) 973-2183
Peterborough
185 King St. West, Suite
204,Peterborough, ON, K9J 2R8
Phone: (705) 742-8889
Nunavut
PO Box 2349 Building 1043
Iqaluit, Nunavut X0A 0H0
Phone: (867) 979-8892
Institutions - Quebec Region
Archambault Institution (Medium)
242 Montée Gagnon
Sainte-Anne-des-Plaines, Quebec,
J0N 1H0
Phone: (450) 478-5960
Leclerc Institution (Medium)
400 Montée Saint-François
Laval, Quebec, H7C 1S7
Phone: (450) 664-1320
Cowansville Institution (Medium)
400 Fordyce Avenue
Cowansville, Quebec, J2K 3G6
Phone: (450) 263-3073
Montée Saint-François Institution
(Minimum)
600 Montée Saint-François
Laval, Quebec, H7C 1S5
Phone: (450) 661-9620
Donnacona Institution (Maxium)
1537 Highway 138
Donnacona, Quebec, G3M 1C9
Phone: (418) 285-2455
Port-Cartier Institution (Maxium)
Chemin de l'Aéroport, PO Box 7070
Port-Cartier, Quebec, G5B 2W2
Phone: (418) 766-7070
152
Institutions - Quebec Region
Drummond Institution (Medium)
2025 Jean-de-Brébeuf Blvd.
Drummondville, Quebec, J2B 7Z6
Phone: (819) 477-5112
Regional Mental Health Centre (MultiLevel)
242 Montée Gagnon
Sainte-Anne-des-Plaines, Québec,
J0N 1H0
Phone: (450) 478-5960
Federal Training Centre (Minimum
Security)
6099 Lévesque Boulevard east
Laval, Quebec, H7C 1P1
Phone: (450) 661-7786
Regional Reception Centre (Maxium)
246 Montée Gagnon
Sainte-Anne-des-Plaines, Quebec,
J0N 1H0
Phone: (450) 478-5977
Joliette Institution (Multi Security)
400 Marsolais Street
Joliette, Quebec, J6E 8V4
Phone: (450) 752-5257
Sainte-Anne-des-Plaines Institution
(Minimum)
244 Montée Gagnon
Sainte-Anne-des-Plaines, Quebec,
J0N 1H0
Phone: (450) 478-5933
La Macaza Institution (Medium)
321 Chemin de l'Aéroport
La Macaza, Quebec, J0T 1R0
Phone: (819) 275-2315
Parole Offices - Québec
Chicoutimi
255 Racine Street East, Suite 400
Chicoutimi, QC, G7H 7L2
Phone: (418) 698-5656
Longueuil
550 Chemin Chambly, Suite 280
Longueuil QC, J4H 3L8
Phone: (450) 928-4311
Estrie
1650 Street West, Suite 201
Sherbrooke QC, J1J 2C3
Phone: (819) 564-4235
Montreal
2030 Boulevard Pie-IX, pièce 420
Montreal QC, H1V 2C8
Phone: (514) 283-1424
Granby
180 Principale Street, 2nd floor
Granby QC, J2G 2V6
Phone: (450) 372-5861
Québec
825 Kirouac Street,
Quebec, QC, G1N 2J7
Phone: (418) 648-3838
Hull
15 Gamelin Street, Suite 102
Gatineau, QC, J8Y 1V4
Phone: (819) 997-2662
Rimouski
180 Cathédrale Avenue, Suite 230
Rimouski, QC, G5L 5H9
Phone: (418) 722-3288
Lanaudière
1300 Grande-Allée, Suite 310
Rouyn-Noranda
151 Avenue du Lac, 2nd floor
153
Parole Offices - Québec
Lachenaie, QC, J6W 4M4
Phone: (450) 961-0200
Rouyn-Noranda, QC, J9X 4N6
Phone: (819) 762-3543
Laurentides
202 St-Georges Street
St-Jérôme, QC, J7Z 4Z9
Phone: (450) 432-2141
Trois-Rivières
25 Des Forges Street, Suite 311
Trois-Rivières, QC, G9A 6A7
Phone: (819) 371-5201
Laval
3131 de la Concorde Blvd. East, Suite 512
Laval, QC, H7E 4W4
Phone: (450) 661-8610
Institutions - Atlantic Region
New Brunswick
Westmorland Institution (Minimum)
4902 A Main Street
Dorchester, New Brunswick, E4K 2Y9
Phone: (506) 379-2471
Atlantic Institution (Maximum)
13175 Route 8, PO Box 102
Renous, New Brunswick, E9E 2E1
Phone: (506) 623-4000
Nova Scotia
Dorchester Penitentiary (Medium)
4902 Main Street
Dorchester, New Brunswick, E4K 2Y9
Phone: (506) 379-2471
Nova Institution for Women (MultiLevel)
180 James Street
Truro, Nova Scotia, B2N 6R8
Phone: (902) 897-1750
Shepody Healing Centre (Multi Security)
4902 A Main Street
Dorchester, New Brunswick, E4K 2Y9
Phone: (506) 379-2471
Springhill Institution (Medium)
330 McGee Street, PO Box 2140
Springhill, Nova Scotia, B0M 1X0
Phone: (902) 597-8651
Parole Offices - Atlantic Region
New Brunswick
Bathurst
159 Main Street, Suite 305
Bathurst, NB, E2A 1A6
Phone: (506) 548-7751
Moncton
1 Factory Lane, 1st Floor
Moncton, NB, E1C 9M3
Phone: (506) 851-6350
Grand-Sault
218 Broadway Boulevard, Suite 202
Grand-Sault, NB, E3Z 3E8
Phone: (506) 473-6861
Saint John
23 Carleton Street
Saint John, NB, E2L 2Z2
Phone: (506) 636-4795
154
Parole Offices - Atlantic Region
Fredericton
412 Queen Street
Fredericton, NB, E3B 5G4
Phone: (506) 452-3275
Prince Edward Island
Charlottetown
250 Queen Street, Suite #101
Charlottetown, PEI, C1C 1N2
(902) 566-7177
Nova Scotia
Annapolis-Digby
PO Box 130
Annapolis Royal, NS, B0S 1A0
Phone: (902) 532-2036
Sydney
196 George Street, Floor 2
Sydney, NS, B1P 1J3
Phone: (902) 564-7300
Dartmouth
45 Alderney Drive, Suite 209 Queen
Square
Dartmouth, NS, B2Y 2N6
Phone: (902) 426-4005
Truro
14 Court Street
Truro, NS, B2N 3H7
Phone: (902) 893-6760
Yarmouth
PO Box 759
Yarmouth, NS B4A 4K3
Phone: (902) 742-6898
Halifax
2131 Gottingen Street, Suite 200
Halifax, NS, B3K 5Z7
Phone: (902) 426-3408
Kentville
491 Main Street, Suite 101 Kentville, NS,
B4N 1K9
Phone: (902) 679-5311
Newfoundland and Labrador
Corner Brook
4 Herald Avenue, Suite 504
Corner Brook, NL A2H 4B4
Phone: (709) 637-4288
Labrador
P.O. Box 1930, Station B
Happy Valley-Goose Bay, Labrador
A0P 1E0
Phone: (709) 896-5288
Grand Falls
PO Box 175
Grand Falls-Windsor, NL A2A 2J4
Phone: (709) 489-5124
St. John's
531 Charter Avenue
St. John's, NL, A1A 1P7
Phone: (709) 772-5359
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A.15 Federal Victims Services
The following information highlights information about the federal programs
and policies of immediate interest to the victims of offenders who have been
sentenced as dangerous offenders or designated long-term offenders. The
information was originally published in the Information Guide to Assist Victims
Federal Corrections and Conditional Release, 5th edition, which is available on
Public Safety Canada’s website: www.publicsafety.gc.ca.
INTRODUCTION
As a general rule, the Correctional Service of Canada (CSC )is responsible for
the administration of sentences for offenders serving two years or more. The
correctional service of the province/territory where the offender was
sentenced is responsible for the administration of sentences of less than two
years.
The National Parole Board (NPB) has jurisdiction to grant, deny or revoke the
parole of offenders serving less than two years in all provinces and territories,
except in Ontario and Quebec where there are provincial parole boards. In
these two provinces, victims of offenders serving less than two years should
contact provincial parole boards for information.
VICTIMS' ENTITLEMENTS
The role of victims of crime in the justice system: The Corrections and
Conditional Release Act (CCRA) recognizes that victims of crime have an
important role to play in the criminal justice system. The Act gives victims an
opportunity to participate in the federal corrections and conditional release
process. It also entitles registered victims to request certain information about
the offender who has harmed them and to be informed about some decisions
made by the CSC and all NPB decisions.
Disclosure of information to victims: CSC and the NPB do not automatically
inform victims about an offender's case. The law specifies that this
information only be given upon request, as some victims prefer not to receive
any further information about the offender. The request must clearly identify
the offender.
A victim can ask for the following information:
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the offence the offender was convicted of and the court that convicted
the offender;
when the sentence began and the length of the sentence; and
the eligibility and review dates of the offender for unescorted
temporary absences, day parole and full parole.
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More information may be released if the Commissioner of the Correctional
Service of Canada (or delegated staff) or the Chairperson of the National
Parole Board determines that the interest of the victim clearly outweighs an
invasion of the offender's privacy that could result from the disclosure. Such
information may include:
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the location of the penitentiary in which the sentence is being served;
the date, if any, on which the offender is to be released on unescorted
or escorted temporary absence, work release, parole or statutory
release;
the date of any hearing for the purposes of an NPB review;
any of the conditions attached to the offender's unescorted temporary
absence, work release, parole or statutory release;
the destination of the offender when released on any temporary
absence, work release, parole, or statutory release, and whether the
offender will be in the vicinity of the victim while travelling to that
destination;
whether the offender is in custody and, if not, why not; and
whether or not the offender has appealed a decision of the NPB and
the outcome of that appeal.
Registered victims may also ask to receive ongoing information so they may be
informed of changes, such as an offender transfer from one institution to
another. If victims want ongoing information, they must ensure that CSC and
the NPB have their current address(es) and telephone number(s).
For further information about victim notification, victims may contact CSC by
calling, toll free, 1-866-806-2275 or the NPB at 1-866-789-4636.
Information provided by victims: CSC and the NPB always appreciate
receiving information about offenders, safety concerns of the victim or other
persons, as well as information about the impact the offence has had on the
victim, their family and/or the community. Victims are encouraged to provide
information regarding the physical, emotional or financial impact of the
offence, along with anything else that is of importance to them.
Information can be provided to CSC or the NPB for their consideration at any
time. Victims may also contact a CSC Victim Services Officer or a NPB Regional
Communications Officer to provide information. Their roles and
responsibilities include the following:
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receive requests for information from victims;
obtain information from police and other sources to ascertain victim
status;
inform victims, in writing, of their status and their entitlements as well
as information about both CSC and the NPB;
provide notifications to victims relating to their specific case;
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maintain information regarding victim contacts as required;
ensure that relevant information provided by victims is forwarded to
decision-makers and shared with offenders;
inform victims about other sources of information such as the NPB
Registry of Decisions and access to NPB hearings as observers and/or to
read a statement; and
advise victims of victim-related services available to them nationally,
provincially/territorially and locally.
The NPB Regional Communications Officers prepare, accompany and debrief
victims attending NPB hearings; while CSC Victim Service Officers may also
attend reconciliation circles and other restorative approaches when requested
by the victim.
Disclosure of information provided by victims: The law requires that CSC and
the NPB disclose to the offender any information that will be considered
during the decision-making process. Victims' personal information, such as
their addresses and phone numbers, are NOT shared with offenders.
If victims have concerns about the offender knowing that they will be
providing information, they must discuss these concerns with CSC or the NPB
prior to providing information. The victim can then decide whether or not they
wish to provide information.
Other types of victim input and involvement
Some ways in which victims have become involved with the CSC and NPB
include:
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sitting on a Victim Advisory Committee (available in some parts of
Canada);
sitting on a Citizen Advisory Committee for CSC;
assisting with victim sensitivity training for CSC/NPB staff;
assisting with victim awareness programs for offenders; and
providing input into policy development.
CORRECTIONAL SERVICE OF CANADA – VICTIM SERVICES
National Headquarters
Victim Services Division
340 Laurier Avenue West
Ottawa, Ontario K1A 0P8
Toll-free 1-866-806-2275
E-mail: [email protected]
Web: www.csc-scc.gc.ca/victims-victimes
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Atlantic Region
1045 Main Street, 2nd floor
Moncton, New Brunswick E1C 1H1
Prairie Region
2313 Hanselman Place
P.O. Box 9223
Saskatoon, Saskatchewan S7K 3X5
Ontario Region
440 King Street West
P.O. Box 1174
Kingston, Ontario K7L 4Y8
Quebec Region
3 Place Laval, 2nd floor
Laval, Quebec H7N 1A2
Pacific Region
32560 Simon Avenue, 2nd floor
P.O. Box 4500
Abbotsford, British Columbia V2T 5L7
The Correctional Service of Canada, through the Victim Services Program, has
dedicated regional Victim Services Managers and Victim Services Officers who
are responsible for managing the provision of information and services to
victims of offenders under federal jurisdiction.
As well, CSC has a legal obligation to gather relevant information about
offenders from a variety of sources, including the courts and the police. If the
victim has filed a Victim Impact Statement at sentencing, CSC is required by
law to obtain a copy. This information must be used to:
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assist in the evaluation of an offender's overall risk and programming
needs;
make decisions on the institutional security level required to protect
society; and
make decisions as to whether an offender should be released on a
temporary absence or a work release.
Victim information is also taken into consideration when CSC makes a
recommendation to the NPB regarding whether an offender should be granted
a conditional release, such as parole.
In the absence of a Victim Impact Statement and if the victim wishes, a
Community Assessment may be completed by a Parole Officer. A Community
Assessment is a report that captures information that assists in monitoring the
offender's progress. Moreover, victims may submit written material that is
relevant to the offender's case to CSC or the NPB at any time.
Victims' right not to be contacted by inmates: CSC has a telephone
monitoring system that can authorize or prevent communications between
offenders and members of the public. Moreover, CSC monitors incoming and
outgoing offender mail. Upon request, every effort will be made to prevent an
offender from communicating with victims, or any member of the public, by
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telephone or mail. Any person who does not wish to be contacted by a federal
offender can ask CSC to stop the unwanted communications.
Victim-offender mediation: Victim-offender mediation is a restorative justice
process that provides victims of crime with the opportunity to safely and
confidentially gain information about the crime and the offender, express the
full impact of the crime on their lives, get answers to questions they have and
achieve a greater sense of closure on some issues. The mediation process is
flexible and entirely voluntary. It does not necessarily involve a face-to-face
meeting. The pace and extent of involvement is determined by the
participants. Interventions can include:
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support and counselling;
indirect communication by means of letters and/ or video tapes;
direct communication through one or more face-to-face meetings
facilitated by a trained mediator/ facilitator; and
follow-up support, as desired and appropriate, for both parties.
These interventions are not meant for all crime victims or for all offenders and
an assessment is always part of the process. Protocols that are in place are
highly sensitive to participant needs and readiness to proceed.
There are a variety of victim-offender mediation and dialogue programs in
Canada. In the Pacific region, all mediations are managed through the VictimOffender Mediation Program (VOMP) operated by the Fraser Region
Community Justice Initiatives Association (CJI) in Langley, British Columbia. For
the rest of the country, victim-offender mediation is administered through the
Restorative Justice Unit, Correctional Service of Canada, who engage the
services of individual mediators. Requests for mediation can be made to a
Victim Services Officer at CSC regional headquarters in your area.
NATIONAL PAROLE BOARD
Headquarters – National Office
Victims Services
Leima Building
410 Laurier Avenue West
Ottawa, Ontario K1A 0R1
Phone: 613-954-7474
1-866-789-INFO (4636)
Atlantic Region
1045 Main Street, Unit 101
Moncton, New Brunswick E1C 1H1
Tel.: 506-851-6345
Prairies Region – Saskatoon Office
(Manitoba, Saskatchewan and NWT)
101–22nd Street E., 6th floor
Saskatoon, Saskatchewan S7K 0E1
Phone: 306-975-4228
Ontario Region (including Nunavut)
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516 O'Connor Drive
Kingston, Ontario K7P 1N3
Phone: 613-634-3857
Québec Region
Guy-Favreau Complex–West Tower
200 René Lévesque Blvd West
10th floor, Suite 1001
Montréal, Québec H2Z 1X4
Phone: 514-283-4584
Pacific Region
32315 South Fraser Way, 3rd floor
Abbotsford, British Columbia V2T
1W6
Phone: 604-870-2468
Prairies Region – Edmonton Office
(Alberta)
Scotia Place, Scotia 2, Suite 401
10060 Jasper Avenue
Edmonton, Alberta T5J 3R8
Phone: 780-495-3404
When making decisions, the National Parole Board considers information from
victims that can help to assess whether an offender's release may pose a risk
to society. Relevant information from a victim can help the Board members
assess the:
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nature and extent of harm suffered by the victim;
risk of re-offending the offender may pose if released;
offender's potential to commit a violent crime, particularly in cases
qualifying for accelerated review, for example by providing information
about threatening or previous violent or abusive behaviour;
offender's understanding of the impact of the offence;
conditions necessary to mitigate the risk to society which might be
presented by the offender; and
offender's release plans.
Possible repercussions must be carefully assessed if the victim is a family
member, or was closely associated with the offender. If the offender intends
to return to an integrated, small, or isolated community, Board members must
weigh the support and control available to assist reintegration. The views of
the victim are of particular assistance if release would place the offender near
the victim.
Victims Travel Fund: Victims have the option to apply for financial assistance
to attend the NPB hearings of the offender who harmed them. The Policy
Centre for Victim Issues at the Department of Justice Canada administers this
financial assistance. In addition, the costs for child/dependent care incurred by
the victim may also be reimbursed as can the costs incurred by the support
person who may attend parole board hearings with the victim.
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Financial assistance covers travel, hotel and meal expenses, in accordance
with current Government of Canada Travel Guidelines. In order to receive this
financial assistance, victims must be registered with CSC or the NPB, and must
have been approved to attend the hearing.
For further information, victims may contact the Victims Fund Manager by
calling toll-free, 1-866-544-1007 from anywhere in Canada or the United
States.
Attending National Parole Board hearings: Hearings usually take place in the
penitentiary where the offender is held. Anyone can apply to observe a NPB
hearing. Applications should be made to the NPB, in writing and as early as
possible, preferably at least 60 days before the hearing, to permit the security
check that the law requires before a visitor can enter a penitentiary. As has
been noted, a support person can accompany the victim; this support person
does not need to attend the hearing, however, if they do, they must also apply
to be approved for entry into a penitentiary at least 60 days before the
hearing. While it is rare, applications may be refused if security is a concern,
space is limited, or the applicant is under 18 years of age.
Statement by victims at National Parole Board hearings: Victims can read a
statement to NPB members at a hearing, either in person or by audio/video
(on CD or DVD). A statement provides the victims with the opportunity to
present information directly to Board members about the continuing impact
of the crime and about any safety concerns they may have. The statement
must be submitted in writing prior to the hearing. If victims submit their
statement in a language other than English or French, the NPB will have it
translated.
Hearings are held in one of Canada's two official languages. By law, the
offender chooses the language. If victims cannot understand the official
language of the hearing, they may request to have the hearing simultaneously
interpreted into the other official language.
A statement should be concise. Victims may choose to present their statement
at the beginning of the hearing or towards the end, immediately following the
NPB members' interview with the offender or, if the offender has an assistant,
after the concluding remarks of the assistant.
A statement should provide information about:
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the continuing impact of the crime for which the offender was
convicted. This could include information about the physical,
emotional, medical and financial impact of the crime on the victim or
their children and family members and others who are close to them;
and
concerns the victim may have for their safety, their family or the
community's safety with regard to the offender, should he or she be
released, explaining why the victim believes there may be a risk.
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In order to meet the legal requirements of sharing information about the
decision-making process with the offender, the NPB requires the statement in
writing 30 days before the hearing or, if translation is required, 45 days before
the hearing date. Given these requirements, the presentation made at the
hearing cannot deviate from the written statement that was shared with the
offender. As has been previously noted, victims' personal information, such as
their addresses and phone numbers, are NOT shared with offenders.
Normally, a victim must be 18 or older to attend a hearing. Exceptions may be
considered on a case by case basis.
For further information about presenting an oral statement at a NPB hearing,
victims may contact the NPB by calling, toll-free, 1-866-789-4636.
Obtaining a copy of a National Parole Board decision: NPB decisions made
under Part II of the Corrections and Conditional Release Act (CCRA), and the
reasons for the decisions, are available from the NPB's Registry of decisions.
These decisions concern conditional release, return to a penitentiary,
detention, and the decisions and reasons of the NPB's Appeal Division.
Anyone demonstrating an interest in a specific case may make a request in
writing to the NPB for a copy of a conditional release decision made after
November 1, 1992.
The NPB will withhold information that may jeopardize the safety of someone,
reveal a confidential source of information, or adversely affect the return of an
offender to society as a law-abiding citizen.
Decisions concerning temporary absences and work releases made under
Part I of the CCRA are not available.
NATIONAL OFFICE FOR VICTIMS
National Office for Victims
Public Safety Canada
284 Wellington Street, 6th floor
Ottawa, Ontario K1A 0H8
Phone: 613-948-1476
Toll-free line: 1-866-525-0554
Web: www.publicsafety.gc.ca/prg/sc/nov-bnv-eng.aspx
The National Office for Victims (NOV) is part of Public Safety Canada and is colocated with the Policy Centre for Victim Issues (PCVI) at the Department of
Justice. The NOV operates a toll-free line, 1-866-525-0554, which victims may
call from anywhere in Canada or the United States.
The NOV provides a centralized mechanism for victims to obtain information
and support on federal corrections issues. As part of its mandate, the NOV:
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provides general information to victims;
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performs a referral function to CSC and the NPB for specific
information enquiries;
addresses concerns of victims relating to the Corrections and
Conditional Release Act through the provision of information and
referrals;
provides a leadership role on inter-departmental and interjurisdictional issues related to victims of crime;
provides advice to the Minister of Public Safety and senior officials on
correctional and conditional release matters related to victims;
provides a "victims' lens" at the national level for Public Safety Canada,
CSC and the NPB in terms of policy development;
develops information products for dissemination to victims, victim
service providers and the general public;
promotes awareness of CSC's and the NPB's services for victims of
federal offenders;
provides input into the development of communication and training
material by Public Safety Canada, CSC and the NPB; and
complements the work being done by the Policy Centre for Victim
Issues at the Department of Justice.
It should be noted that CSC and the NPB are the primary source of ongoing
information to registered victims of federal offenders.
POLICY CENTRE FOR VICTIM ISSUES
Policy Centre for Victim Issues
Department of Justice Canada
284 Wellington Street, 6th floor
Ottawa, Ontario K1A 0H8
Phone: 613-957-4745
Toll-free line for Travel Fund: 1-866-544-1007
Web: www.canada.justice.gc.ca/victim
The Policy Centre for Victim Issues (PCVI) is mandated to work toward
improving the experience of victims of crime in the criminal justice system by
pursuing a range of activities and initiatives. The Centre strives to:
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ensure that victims of crime and their families are aware of their role in
the criminal justice system and services and assistance available to
support them;
enhance departmental capacity to develop policy, legislation and other
initiatives which take into consideration the perspectives of victims;
increase the awareness of criminal justice personnel, allied
professionals and the public about the needs of victims of crime,
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legislative provisions designed to protect them and services available to
support them; and
develop and disseminate information about effective approaches both
within Canada and internationally to respond to the needs of victims of
crime.
The PCVI engages in legislative reform, consultation, policy development,
research and project funding. It has a close working relationship with the
provinces and territories that are tasked with the responsibility for victim
service delivery and the provision of criminal injuries compensation to victims
of violent crime, where such programs exist.
FEDERAL OMBUDSMAN FOR VICTIMS OF CRIME
Office of the Federal Ombudsman for Victims of Crime
P.O. Box 55037
Ottawa, Ontario K1P 1A1
Toll-free line: 1-866-481-8429
Web: www.victimsfirst.gc.ca
The Office of the Federal Ombudsman for Victims of Crime is mandated to
ensure that the federal government meets its responsibilities regarding victims
as set out in the Corrections and Conditional Release Act and the Canadian
Statement of Basic Principles of Justice for Victims of Crime. The Ombudsman
reports directly to the Minister of Justice and may identify and explore
systemic and emerging issues that impact negatively on victims of crime.
As well, the Ombudsman is an independent resource for victims and can
address victims' complaints concerning compliance with the provisions of the
Corrections and Conditional Release Act and any other matter within federal
responsibility. The Ombudsman cannot review matters that occurred prior to
the establishment of the office in March 2007, unless otherwise advised by the
Minister of Justice or the Minister of Public Safety.
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Appendix B: Part XXIV Criminal Code of Canada
DANGEROUS OFFENDERS AND LONG-TERM OFFENDERS
Current to July 27th, 2008
Interpretation
Definitions
752. In this Part,
"court"
«tribunal »
"court" means the court by which an offender in relation to whom an
application under this Part is made was convicted, or a superior court of
criminal jurisdiction;
"designated offence"
«infraction désignée »
"designated offence" means
(a) a primary designated offence,
(b) an offence under any of the following provisions:
(i) paragraph 81(1)(a) (using explosives),
(ii) paragraph 81(1)(b) (using explosives),
(iii) section 85 (using firearm or imitation firearm in commission of
offence),
(iv) section 87 (pointing firearm),
(iv.1) section 98 (breaking and entering to steal firearm),
(iv.2) section 98.1 (robbery to steal firearm),
(v) section 153.1 (sexual exploitation of person with disability),
(vi) section 163.1 (child pornography),
(vii) section 170 (parent or guardian procuring sexual activity),
(viii) section 171 (householder permitting sexual activity by or in
presence of child),
(ix) section 172.1 (luring child),
(x) paragraph 212(1)(i) (stupefying or overpowering for purpose of
sexual intercourse),
(xi) subsection 212(2.1) (aggravated offence in relation to living on
avails of prostitution of person under 18),
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(xii) subsection 212(4) (prostitution of person under 18),
(xiii) section 245 (administering noxious thing),
(xiv) section 266 (assault),
(xv) section 269 (unlawfully causing bodily harm),
(xvi) section 269.1 (torture),
(xvii) paragraph 270(1)(a) (assaulting peace officer),
(xviii) section 273.3 (removal of child from Canada),
(xix) subsection 279(2) (forcible confinement),
(xx) section 279.01 (trafficking in persons),
(xxi) section 279.1 (hostage taking),
(xxii) section 280 (abduction of person under age of 16),
(xxiii) section 281 (abduction of person under age of 14),
(xxiv) section 344 (robbery), and
(xxv) section 348 (breaking and entering with intent, committing
offence or breaking out),
(c) an offence under any of the following provisions of the Criminal Code,
chapter C-34 of the Revised Statutes of Canada, 1970, as they read from
time to time before January 1, 1988:
(i) subsection 146(2) (sexual intercourse with female between ages of
14 and 16),
(ii) section 148 (sexual intercourse with feeble-minded),
(iii) section 166 (parent or guardian procuring defilement), and
(iv) section 167 (householder permitting defilement), or
(d) an attempt or conspiracy to commit an offence referred to in
paragraph (b) or (c);
"long-term supervision"
«surveillance de longue durée »
"long-term supervision" means long-term supervision ordered under
subsection 753(4), 753.01(5) or (6) or 753.1(3) or subparagraph 759(3)(a)(i);
"primary designated offence"
«infraction primaire »
"primary designated offence" means
(a) an offence under any of the following provisions:
(i) section 151 (sexual interference),
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(ii) section 152 (invitation to sexual touching),
(iii) section 153 (sexual exploitation),
(iv) section 155 (incest),
(v) section 239 (attempt to commit murder),
(vi) section 244 (discharging firearm with intent),
(vii) section 267 (assault with weapon or causing bodily harm),
(viii) section 268 (aggravated assault),
(ix) section 271 (sexual assault),
(x) section 272 (sexual assault with weapon, threats to third party or
causing bodily harm),
(xi) section 273 (aggravated sexual assault), and
(xii) subsection 279(1) (kidnapping),
(b) an offence under any of the following provisions of the Criminal Code,
chapter C-34 of the Revised Statutes of Canada, 1970, as they read from
time to time before January 4, 1983:
(i) section 144 (rape),
(ii) section 145 (attempt to commit rape),
(iii) section 149 (indecent assault on female),
(iv) section 156 (indecent assault on male),
(v) subsection 245(2) (assault causing bodily harm), and
(vi) subsection 246(1) (assault with intent) if the intent is to commit an
offence referred to in any of subparagraphs (i) to (v) of this paragraph,
(c) an offence under any of the following provisions of the Criminal Code,
chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by
section 19 of An Act to amend the Criminal Code in relation to sexual
offences and other offences against the person and to amend certain other
Acts in relation thereto or in consequence thereof, chapter 125 of the
Statutes of Canada, 1980-81-82-83:
(i) section 246.1 (sexual assault),
(ii) section 246.2 (sexual assault with weapon, threats to third party or
causing bodily harm), and
(iii) section 246.3 (aggravated sexual assault),
(d) an offence under any of the following provisions of the Criminal Code,
chapter C-34 of the Revised Statutes of Canada, 1970, as they read from
time to time before January 1, 1988:
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(i) subsection 146(1) (sexual intercourse with female under age of 14),
and
(ii) paragraph 153(1)(a) (sexual intercourse with step-daughter), or
(e) an attempt or conspiracy to commit an offence referred to in any of
paragraphs (a) to (d);
"serious personal injury offence"
«sévices graves à la personne »
"serious personal injury offence" means
(a) an indictable offence, other than high treason, treason, first degree
murder or second degree murder, involving
(i) the use or attempted use of violence against another person, or
(ii) conduct endangering or likely to endanger the life or safety of
another person or inflicting or likely to inflict severe psychological
damage on another person,
and for which the offender may be sentenced to imprisonment for ten
years or more, or
(b) an offence or attempt to commit an offence mentioned in section 271
(sexual assault), 272 (sexual assault with a weapon, threats to a third party
or causing bodily harm) or 273 (aggravated sexual assault).
R.S., 1985, c. C-46, s. 752; 2008, c. 6, ss. 40, 61.
Dangerous Offenders and Long-Term Offenders
Prosecutor’s duty to advise court
752.01 If the prosecutor is of the opinion that an offence for which an
offender is convicted is a serious personal injury offence that is a designated
offence and that the offender was convicted previously at least twice of a
designated offence and was sentenced to at least two years of imprisonment
for each of those convictions, the prosecutor shall advise the court, as soon as
feasible after the finding of guilt and in any event before sentence is imposed,
whether the prosecutor intends to make an application under subsection
752.1(1).
2008, c. 6, s. 41.
Application for remand for assessment
752.1 (1) On application by the prosecutor, if the court is of the opinion that
there are reasonable grounds to believe that an offender who is convicted of a
serious personal injury offence or an offence referred to in paragraph
753.1(2)(a) might be found to be a dangerous offender under section 753 or a
long-term offender under section 753.1, the court shall, by order in writing,
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before sentence is imposed, remand the offender, for a period not exceeding
60 days, to the custody of a person designated by the court who can perform
an assessment or have an assessment performed by experts for use as
evidence in an application under section 753 or 753.1.
Report
(2) The person to whom the offender is remanded shall file a report of the
assessment with the court not later than 30 days after the end of the
assessment period and make copies of it available to the prosecutor and
counsel for the offender.
Extension of time
(3) On application by the prosecutor, the court may extend the period within
which the report must be filed by a maximum of 30 days if the court is
satisfied that there are reasonable grounds to do so.
1997, c. 17, s. 4; 2008, c. 6, s. 41.
Application for finding that an offender is a dangerous offender
753. (1) On application made under this Part after an assessment report is
filed under subsection 752.1(2), the court shall find the offender to be a
dangerous offender if it is satisfied
(a) that the offence for which the offender has been convicted is a serious
personal injury offence described in paragraph (a) of the definition of that
expression in section 752 and the offender constitutes a threat to the life,
safety or physical or mental well-being of other persons on the basis of
evidence establishing
(i) a pattern of repetitive behaviour by the offender, of which the
offence for which he or she has been convicted forms a part, showing
a failure to restrain his or her behaviour and a likelihood of causing
death or injury to other persons, or inflicting severe psychological
damage on other persons, through failure in the future to restrain his
or her behaviour,
(ii) a pattern of persistent aggressive behaviour by the offender, of
which the offence for which he or she has been convicted forms a
part, showing a substantial degree of indifference on the part of the
offender respecting the reasonably foreseeable consequences to
other persons of his or her behaviour, or
(iii) any behaviour by the offender, associated with the offence for
which he or she has been convicted, that is of such a brutal nature as
to compel the conclusion that the offender’s behaviour in the future is
unlikely to be inhibited by normal standards of behavioural restraint;
or
170
(b) that the offence for which the offender has been convicted is a serious
personal injury offence described in paragraph (b) of the definition of that
expression in section 752 and the offender, by his or her conduct in any
sexual matter including that involved in the commission of the offence for
which he or she has been convicted, has shown a failure to control his or
her sexual impulses and a likelihood of causing injury, pain or other evil to
other persons through failure in the future to control his or her sexual
impulses.
Presumption
(1.1) If the court is satisfied that the offence for which the offender is
convicted is a primary designated offence for which it would be appropriate to
impose a sentence of imprisonment of two years or more and that the
offender was convicted previously at least twice of a primary designated
offence and was sentenced to at least two years of imprisonment for each of
those convictions, the conditions in paragraph (1)(a) or (b), as the case may be,
are presumed to have been met unless the contrary is proved on a balance of
probabilities.
Time for making application
(2) An application under subsection (1) must be made before sentence is
imposed on the offender unless
(a) before the imposition of sentence, the prosecutor gives notice to the
offender of a possible intention to make an application under section
752.1 and an application under subsection (1) not later than six months
after that imposition; and
(b) at the time of the application under subsection (1) that is not later than
six months after the imposition of sentence, it is shown that relevant
evidence that was not reasonably available to the prosecutor at the time
of the imposition of sentence became available in the interim.
Application for remand for assessment after imposition of sentence
(3) Notwithstanding subsection 752.1(1), an application under that subsection
may be made after the imposition of sentence or after an offender begins to
serve the sentence in a case to which paragraphs (2)(a) and (b) apply.
Sentence for dangerous offender
(4) If the court finds an offender to be a dangerous offender, it shall
(a) impose a sentence of detention in a penitentiary for an indeterminate
period;
(b) impose a sentence for the offence for which the offender has been
convicted — which must be a minimum punishment of imprisonment for a
term of two years — and order that the offender be subject to long-term
supervision for a period that does not exceed 10 years; or
171
(c) impose a sentence for the offence for which the offender has been
convicted.
Sentence of indeterminate detention
(4.1) The court shall impose a sentence of detention in a penitentiary for an
indeterminate period unless it is satisfied by the evidence adduced during the
hearing of the application that there is a reasonable expectation that a lesser
measure under paragraph (4)(b) or (c) will adequately protect the public
against the commission by the offender of murder or a serious personal injury
offence.
If application made after sentencing
(4.2) If the application is made after the offender begins to serve the sentence
in a case to which paragraphs (2)(a) and (b) apply, a sentence imposed under
paragraph (4)(a), or a sentence imposed and an order made under paragraph
4(b), replaces the sentence that was imposed for the offence for which the
offender was convicted.
If offender not found to be dangerous offender
(5) If the court does not find an offender to be a dangerous offender,
(a) the court may treat the application as an application to find the
offender to be a long-term offender, section 753.1 applies to the
application and the court may either find that the offender is a long-term
offender or hold another hearing for that purpose; or
(b) the court may impose sentence for the offence for which the offender
has been convicted.
(6) [Repealed, 2008, c. 6, s. 42]
R.S., 1985, c. C-46, s. 753; 1997, c. 17, s. 4; 2008, c. 6, s. 42.
Application for remand for assessment — later conviction
753.01 (1) If an offender who is found to be a dangerous offender is later
convicted of a serious personal injury offence or an offence under subsection
753.3(1), on application by the prosecutor, the court shall, by order in writing,
before sentence is imposed, remand the offender, for a period not exceeding
60 days, to the custody of a person designated by the court who can perform
an assessment or have an assessment performed by experts for use as
evidence in an application under subsection (4).
Report
(2) The person to whom the offender is remanded shall file a report of the
assessment with the court not later than 30 days after the end of the
assessment period and make copies of it available to the prosecutor and
counsel for the offender.
Extension of time
172
(3) On application by the prosecutor, the court may extend the period within
which the report must be filed by a maximum of 30 days if the court is
satisfied that there are reasonable grounds to do so.
Application for new sentence or order
(4) After the report is filed, the prosecutor may apply for a sentence of
detention in a penitentiary for an indeterminate period, or for an order that
the offender be subject to a new period of long-term supervision in addition to
any other sentence that may be imposed for the offence.
Sentence of indeterminate detention
(5) If the application is for a sentence of detention in a penitentiary for an
indeterminate period, the court shall impose that sentence unless it is satisfied
by the evidence adduced during the hearing of the application that there is a
reasonable expectation that a sentence for the offence for which the offender
has been convicted — with or without a new period of long-term supervision
— will adequately protect the public against the commission by the offender
of murder or a serious personal injury offence.
New long-term supervision
(6) If the application is for a new period of long-term supervision, the court
shall order that the offender be subject to a new period of long-term
supervision in addition to a sentence for the offence for which they have been
convicted unless it is satisfied by the evidence adduced during the hearing of
the application that there is a reasonable expectation that the sentence alone
will adequately protect the public against the commission by the offender of
murder or a serious personal injury offence.
2008, c. 6, s. 43.
Victim evidence
753.02 Any evidence given during the hearing of an application made under
subsection 753(1) by a victim of an offence for which the offender was
convicted is deemed also to have been given during any hearing held with
respect to the offender under paragraph 753(5)(a) or subsection 753.01(5) or
(6).
2008, c. 6, s. 43.
Application for finding that an offender is a long-term offender
753.1 (1) The court may, on application made under this Part following the
filing of an assessment report under subsection 752.1(2), find an offender to
be a long-term offender if it is satisfied that
(a) it would be appropriate to impose a sentence of imprisonment of two
years or more for the offence for which the offender has been convicted;
(b) there is a substantial risk that the offender will reoffend; and
173
(c) there is a reasonable possibility of eventual control of the risk in the
community.
Substantial risk
(2) The court shall be satisfied that there is a substantial risk that the offender
will reoffend if
(a) the offender has been convicted of an offence under section 151
(sexual interference), 152 (invitation to sexual touching) or 153 (sexual
exploitation), subsection 163.1(2) (making child pornography), subsection
163.1(3) (distribution, etc., of child pornography), subsection 163.1(4)
(possession of child pornography), subsection 163.1(4.1) (accessing child
pornography), section 172.1 (luring a child), subsection 173(2) (exposure)
or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273
(aggravated sexual assault), or has engaged in serious conduct of a sexual
nature in the commission of another offence of which the offender has
been convicted; and
(b) the offender
(i) has shown a pattern of repetitive behaviour, of which the offence
for which he or she has been convicted forms a part, that shows a
likelihood of the offender’s causing death or injury to other persons or
inflicting severe psychological damage on other persons, or
(ii) by conduct in any sexual matter including that involved in the
commission of the offence for which the offender has been convicted,
has shown a likelihood of causing injury, pain or other evil to other
persons in the future through similar offences.
Sentence for long-term offender
(3) If the court finds an offender to be a long-term offender, it shall
(a) impose a sentence for the offence for which the offender has been
convicted, which must be a minimum punishment of imprisonment for a
term of two years; and
(b) order that the offender be subject to long-term supervision for a
period that does not exceed 10 years.
Exception — if application made after sentencing
(3.1) The court may not impose a sentence under paragraph (3)(a) and the
sentence that was imposed for the offence for which the offender was
convicted stands despite the offender’s being found to be a long-term
offender, if the application was one that
(a) was made after the offender begins to serve the sentence in a case to
which paragraphs 753(2)(a) and (b) apply; and
174
(b) was treated as an application under this section further to the court
deciding to do so under paragraph 753(5)(a).
(4) and (5) [Repealed, 2008, c. 6, s. 44]
If offender not found to be long-term offender
(6) If the court does not find an offender to be a long-term offender, the court
shall impose sentence for the offence for which the offender has been
convicted.
1997, c. 17, s. 4; 2002, c. 13, s. 76; 2008, c. 6, s. 44.
Long-term supervision
753.2 (1) Subject to subsection (2), an offender who is subject to long-term
supervision shall be supervised in the community in accordance with the
Corrections and Conditional Release Act when the offender has finished
serving
(a) the sentence for the offence for which the offender has been
convicted; and
(b) all other sentences for offences for which the offender is convicted
and for which sentence of a term of imprisonment is imposed on the
offender, either before or after the conviction for the offence referred to
in paragraph (a).
Sentence served concurrently with supervision
(2) A sentence imposed on an offender referred to in subsection (1), other
than a sentence that requires imprisonment, is to be served concurrently with
the long-term supervision.
Application for reduction in period of long-term supervision
(3) An offender who is required to be supervised, a member of the National
Parole Board, or, on approval of that Board, the parole supervisor, as that
expression is defined in subsection 134.2(2) of the Corrections and Conditional
Release Act, of the offender, may apply to a superior court of criminal
jurisdiction for an order reducing the period of long-term supervision or
terminating it on the ground that the offender no longer presents a substantial
risk of reoffending and thereby being a danger to the community. The onus of
proving that ground is on the applicant.
Notice to Attorney General
(4) The applicant must give notice of an application under subsection (3) to the
Attorney General at the time the application is made.
1997, c. 17, s. 4; 2008, c. 6, s. 45.
175
Breach of long-term supervision
753.3 (1) An offender who, without reasonable excuse, fails or refuses to
comply with long-term supervision is guilty of an indictable offence and liable
to imprisonment for a term not exceeding 10 years.
Where accused may be tried and punished
(2) An accused who is charged with an offence under subsection (1) may be
tried and punished by any court having jurisdiction to try that offence in the
place where the offence is alleged to have been committed or in the place
where the accused is found, is arrested or is in custody, but if the place where
the accused is found, is arrested or is in custody is outside the province in
which the offence is alleged to have been committed, no proceedings in
respect of that offence shall be instituted in that place without the consent of
the Attorney General of that province.
1997, c. 17, s. 4; 2008, c. 6, s. 46.
New offence
753.4 (1) If an offender who is subject to long-term supervision commits one
or more offences under this or any other Act and a court imposes a sentence
of imprisonment for the offence or offences, the long-term supervision is
interrupted until the offender has finished serving all the sentences, unless the
court orders its termination.
Reduction in term of long-term supervision
(2) A court that imposes a sentence of imprisonment under subsection (1) may
order a reduction in the length of the period of the offender’s long-term
supervision.
1997, c. 17, s. 4; 2008, c. 6, s. 47.
Hearing of application
754. (1) With the exception of an application for remand for assessment, the
court may not hear an application made under this Part unless
(a) the Attorney General of the province in which the offender was tried
has, either before or after the making of the application, consented to the
application;
(b) at least seven days notice has been given to the offender by the
prosecutor, following the making of the application, outlining the basis on
which it is intended to found the application; and
(c) a copy of the notice has been filed with the clerk of the court or the
provincial court judge, as the case may be.
176
By court alone
(2) An application under this Part shall be heard and determined by the court
without a jury.
When proof unnecessary
(3) For the purposes of an application under this Part, where an offender
admits any allegations contained in the notice referred to in paragraph (1)(b),
no proof of those allegations is required.
Proof of consent
(4) The production of a document purporting to contain any nomination or
consent that may be made or given by the Attorney General under this Part
and purporting to be signed by the Attorney General is, in the absence of any
evidence to the contrary, proof of that nomination or consent without proof of
the signature or the official character of the person appearing to have signed
the document.
R.S., 1985, c. C-46, s. 754; R.S., 1985, c. 27 (1st Supp.), s. 203; 2008, c. 6, s.
48.
Exception to long-term supervision — life sentence
755. (1) The court shall not order that an offender be subject to long-term
supervision if they have been sentenced to life imprisonment.
Maximum length of long-term supervision
(2) The periods of long-term supervision to which an offender is subject at any
particular time must not total more than 10 years.
R.S., 1985, c. C-46, s. 755; 1997, c. 17, s. 5; 2008, c. 6, s. 49.
756. [Repealed, 1997, c. 17, s. 5]
Evidence of character
757. Without prejudice to the right of the offender to tender evidence as to
their character and repute, if the court thinks fit, evidence of character and
repute may be admitted
(a) on the question of whether the offender is or is not a dangerous
offender or a long-term offender; and
(b) in connection with a sentence to be imposed or an order to be made
under this Part.
R.S., 1985, c. C-46, s. 757; 1997, c. 17, s. 5; 2008, c. 6, s. 50.
Presence of accused at hearing of application
758. (1) The offender shall be present at the hearing of the application under
this Part and if at the time the application is to be heard
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(a) he is confined in a prison, the court may order, in writing, the person
having the custody of the accused to bring him before the court; or
(b) he is not confined in a prison, the court shall issue a summons or a
warrant to compel the accused to attend before the court and the
provisions of Part XVI relating to summons and warrant are applicable
with such modifications as the circumstances require.
Exception
(2) Notwithstanding subsection (1), the court may
(a) cause the offender to be removed and to be kept out of court, where
he misconducts himself by interrupting the proceedings so that to
continue the proceedings in his presence would not be feasible; or
(b) permit the offender to be out of court during the whole or any part of
the hearing on such conditions as the court considers proper.
R.S., c. C-34, s. 693; 1976-77, c. 53, s. 14.
Appeal — offender
759. (1) An offender who is found to be a dangerous offender or a long-term
offender may appeal to the court of appeal from a decision made under this
Part on any ground of law or fact or mixed law and fact.
(1.1) [Repealed, 2008, c. 6, s. 51]
Appeal — Attorney General
(2) The Attorney General may appeal to the court of appeal from a decision
made under this Part on any ground of law.
Disposition of appeal
(3) The court of appeal may
(a) allow the appeal and
(i) find that an offender is or is not a dangerous offender or a longterm offender or impose a sentence that may be imposed or an order
that may be made by the trial court under this Part, or
(ii) order a new hearing, with any directions that the court considers
appropriate; or
(b) dismiss the appeal.
(3.1) and (3.2) [Repealed, 2008, c. 6, s. 51]
Effect of decision
(4) A decision of the court of appeal has the same force and effect as if it were
a decision of the trial court.
(4.1) to (5) [Repealed, 2008, c. 6, s. 51]
178
Commencement of sentence
(6) Notwithstanding subsection 719(1), a sentence imposed on an offender by
the court of appeal pursuant to this section shall be deemed to have
commenced when the offender was sentenced by the court by which he was
convicted.
Part XXI applies re appeals
(7) The provisions of Part XXI with respect to procedure on appeals apply, with
such modifications as the circumstances require, to appeals under this section.
R.S., 1985, c. C-46, s. 759; 1995, c. 22, s. 10; 1997, c. 17, s. 6; 2008, c. 6, s.
51.
Disclosure to Correctional Service of Canada
760. Where a court finds an offender to be a dangerous offender or a longterm offender, the court shall order that a copy of all reports and testimony
given by psychiatrists, psychologists, criminologists and other experts and any
observations of the court with respect to the reasons for the finding, together
with a transcript of the trial of the offender, be forwarded to the Correctional
Service of Canada for information.
R.S., 1985, c. C-46, s. 760; 1997, c. 17, s. 7.
Review for parole
761. (1) Subject to subsection (2), where a person is in custody under a
sentence of detention in a penitentiary for an indeterminate period, the
National Parole Board shall, as soon as possible after the expiration of seven
years from the day on which that person was taken into custody and not later
than every two years after the previous review, review the condition, history
and circumstances of that person for the purpose of determining whether he
or she should be granted parole under Part II of the Corrections and
Conditional Release Act and, if so, on what conditions.
Idem
(2) Where a person is in custody under a sentence of detention in a
penitentiary for an indeterminate period that was imposed before October 15,
1977, the National Parole Board shall, at least once in every year, review the
condition, history and circumstances of that person for the purpose of
determining whether he should be granted parole under Part II of the
Corrections and Conditional Release Act and, if so, on what conditions.
R.S., 1985, c. C-46, s. 761; 1992, c. 20, s. 215; 1997, c. 17, s. 8.
179
Appendix C: National Flagging System for High-Risk
Offenders
The core protocols of the National Flagging System for High-Risk Offenders’
core protocols establish that the its goals and purposes are to:



Assist crown prosecutors to more effectively prosecute high risk of
violent offenders,
Prevent high-risk violent offenders from following through
jurisdictional gaps in the criminal justice system; and
Encourage prosecutors to make dangerous and long-term offender
applications in appropriate cases.
The National Flagging System was created in 1995. The concern at the time
was that offenders, who were committing serious crimes, but crimes not yet
serious enough to warrant a dangerous or long-term offender applications,
would only have to move to another province or territory to avoid attracting
such an intervention. At that time, there was no system in place that Crowns
could check to see if an offender had been of particular concern in another
jurisdiction, nor any way that they could easily gather offender information
from another jurisdiction. The offices of the High-Risk Flagging Coordinators
facilitate this transfer of information.
The duties of the coordinators are to communicate with corrections officials,
police prosecutors and other coordinators in the exchange of information
about high-risk offenders. Coordinators attempt to collect and store as much
background information regarding offenders as is feasible including
Correctional Service of Canada material where the offender has served a
federal sentence of imprisonment. Coordinators should provide prosecutors
engaged in the prosecution of high-risk violent offenders with information and
reports collected for the purposes of the National Flagging System, so that
such prosecutors are alerted to the risk that these offenders represent and so
that they may make informed decisions with respect to bail, sentence and
dangerous offender and similar applications.
The Special Interest Police (SIP) category of the Investigative Data Bank within
CPIC is used to identify offenders who have been judged by Crown Prosecutors
to be high risk for future violent conduct. These offenders will generally
demonstrate a high potential for prosecution as dangerous offenders or longterm offenders under Part XXIV of the Criminal Code. Such cases are flagged
for CPIC entry only on the authority of a Crown agent designated for this
purpose and are entered as SIP records only in accordance with policy.
When a subject being investigated is found to be "flagged" as a SIP high-risk
violent offender, the CPIC agency must notify the Crown agent of the finding
and the circumstances surrounding the investigation. The flagging system
180
alerts Crowns to previous concerns about an offender, such as an escalating
pattern of violence. This would assist in the determination as to whether the
present offence should attract a DO application.
CPIC operates across Canada with links to other computerized information
systems in other jurisdictions. The flag normally contains only a brief reference
to the offender as a possible Dangerous Offender candidate and gives
information as to who to contact for further information. Because offenders
often move across the country, the national flagging system makes sure that
Crowns in one province or territory can obtain full information from a Crown
in another province or territory who has previously been involved in
prosecuting the offender. The hardcopy file resides with the coordinator that
entered the offender on CPIC.
The following provides contact information for the High-Risk Flagging
Coordinators for each province and territory, as well as the participating
federal departments and agencies.
C.1 Provincial and Territorial Coordinators
Alberta
Joe Misura
(Assistant Coordinator)
Alberta Justice
9833 109th Street
3rd Floor Bowker Bldg.
Edmonton, AB T5K 2E8
Telephone: 780-427-6064
Fax: 780-644-8504
Email: [email protected]
Michèle Collinson
(Coordinator)
Alberta Justice
9833 109th Street
3rd Floor Bowker Bldg.
Edmonton, AB T5K 2E8
Telephone: (780) 644-3345
Fax: (780) 644-8504
Email: [email protected]
British Columbia
Ron Hurt
(Coordinator)
Suite 602
865 Hornby Street
Vancouver, BC V6Z 2G3
Telephone: 604-660-3918
Fax: 604-660-4839
Email: [email protected]
181
Manitoba
John Field, Q.C.
Senior Crown Attorney
High Risk Offender Unit
Winnipeg Prosecutions
Manitoba Justice
5 – 405 Broadway Avenue
Winnipeg, MB R3C 3 L6
Telephone: 204 945 3985
Fax: 204- 948-3291
Email: [email protected]
Gregg Lawlor
(Coordinator)
Manitoba Justice
5th Flr. Woodsworth Bldg.
405 Broadway
Winnipeg, MB R3C 3L6
Telephone: 204-945-2870
Fax: 204-948-3291
Email: [email protected]
New Brunswick
Randy W. DiPaolo, Q.C.
(Coordinator)
41 King St.
St. Stephen, NB E3L 2C1
Telephone: 506-466-7397
Fax: 506-466-7602
Email: [email protected]
Newfoundland
Steve Dawson
(Coordinator)
Department of Justice
215 Water Street
St. Johns, NL A1C 6C9
Telephone: 709-729- 6885
Fax: 709-729-1135
Email: [email protected]
Northwest Territories
Shannon Smallwood
(Coordinator)
Public Prosecution Service of Canada
Northwest Territories Regional Office
5020 - 48th Street, 3rd Floor, PO Box 8
Yellowknife, NT X1A 2N1
Telephone: 867-669-6900
Fax: 867-920-4022
Email: [email protected])
182
Nova Scotia
C. Lloyd Tancock
(Coordinator)
Public Prosecution Service
204-99 High Street
Bridgewater, NS B4V 1V8
Telephone: (902) 543-7662
Fax: (902) 543-0679
Email: [email protected]
Nunavut
John P. Solski
(Coordinator)
Acting Deputy Regional Director
Public Prosecution Service of Canada
P.O. box 1030
Iqaluit, NU X0A 0H0
Telephone: (867) 975-4609
Fax: (867) 979-0101
Email: [email protected]
Prince Edward Island
Lorne MacKinnon
(Assistant Co-ordinator)
Dept of the Attorney General
197 Richmond St.
Charlottetown, PE CIA 1J3
Phone: 902--569-7507
Fax: 902-368-5812
Email: [email protected]
Cyndria L. Wedge
(Coordinator)
Director of Prosecutions
197 Richmond St.
Charlottetown, PE CIA 1J3
Telephone: 902-368-5073
Fax: 902-368-5812
Email: [email protected]
Ontario
Fax: 416-326-4656
Email:
[email protected]
Howard Leibovich
(National Coordinator)
Ministry of Attorney General
Crown Law Office, Criminal Law
Division
720 Bay Street
Toronto, ON
Telephone: 416-326 -2002
Adrian Templeton
(Assistant Coordinator)
Ministry of Attorney General
Crown Law Office,
183
Criminal Law Division
720 Bay Street
Toronto, ON
Telephone:
Fax: 416-326-4656
Email:
[email protected]
Quebec
Anna Jensen
(Assistant coordinator)
Directeur des poursuites
criminelles et pénales
1200, route de l'Église (3e étage)
Québec, QC G1V 4M1
Telephone: 418 643-9059 ext:
20851
Fax: 418-646-5412
Email: [email protected]
Sabin Ouellet
(Coordinator)
Procureur en chef
Directeur des poursuites
criminelles et pénales
1200, route de l'Église, (3e étage)
Québec, QC G1V 4M1
Telephone: (418) 643-9059 ext:
20887
Fax: (418) 646-5412
Email: [email protected]
Saskatchewan
Anthony Gerein
(Coordinator)
Senior Crown Prosecutor
Saskatchewan Justice
3rd Floor, 1874 Scarth Street
Regina, SK S4P 4B3
Telephone: 306-787-9488
Fax: 306-787-8878
Email: [email protected]
Ryan Lisk
(Assistant Coordinator)
Saskatchewan Justice
3rd Floor, 1874 Scarth Street
Regina, SK S4P 4B3
Telephone: 306-787-5490
Fax: 306-787-8878
Email: [email protected]
Yukon
John Phelps
(Assistant Coordinator)
Deputy Regional Director
Prosecution Service of Canada
200-300 Main Street
Whitehorse, YK Y1A 2B5
Telephone: (867) 667-8984
Fax: (867) 667-3979
Email: [email protected]
Richard Meredith
(Coordinator)
Regional Director
Public Prosecution Service of
Canada
200-300 Main Street
Whitehorse, YK Y1A 2B5
Telephone: (867) 667-8100
Fax: (867) 667-3979
Email: [email protected]
184
C.2 Federal Liaison Officials
Public Safety Canada
Cliff Yumansky
Director
Public Safety Canada
340 Laurier Ave. W.
Ottawa, ON KIA OP8
Telephone: 613-991-5824
Fax: 613-990-8295
Email: [email protected]
Erik Gaudreault
A/Program Manager
Public Safety Canada
340 Laurier Ave. W.
Ottawa, ON KIA OP8
Telephone: 613-947-4979
Fax: 613-990-8295
Email: [email protected]
Justice Canada
Doug Hoover
Counsel
Criminal Law Policy
Justice Canada
Room 5105, 284 Wellington Street
Ottawa, ON KIA 0H8
Telephone: 613-952-1991
Fax: 613-941-4122
Email: [email protected]
RCMP
Inspector Guy Parent
Officer in Charge, Program Policy
Information and Identification Services
CPI Centre
1200 Promenade Vanier Parkway
Ottawa, ON KIA OR2
Telephone: 613-993-2933
Fax: 613-993-2944
E-mail: [email protected]
Correctional Service of Canada
Mark Otto
Manager
Institutional Reintegration Operations
340 Laurier Avenue West
Ottawa, ON K1A 0P9
Telephone: (613) 996-8746
Email: [email protected]
185
Appendix D: Sureties to Keep the Peace
Part XXVII Criminal Code of Canada
Current to February 4th, 2009
Where injury or damage feared
810. (1) An information may be laid before a justice by or on behalf of any
person who fears on reasonable grounds that another person will cause
personal injury to him or her or to his or her spouse or common-law partner or
child or will damage his or her property.
Duty of justice
(2) A justice who receives an information under subsection (1) shall cause the
parties to appear before him or before a summary conviction court having
jurisdiction in the same territorial division.
Adjudication
(3) The justice or the summary conviction court before which the parties
appear may, if satisfied by the evidence adduced that the person on whose
behalf the information was laid has reasonable grounds for his or her fears,
(a) order that the defendant enter into a recognizance, with or without
sureties, to keep the peace and be of good behaviour for any period that
does not exceed twelve months, and comply with such other reasonable
conditions prescribed in the recognizance, including the conditions set out
in subsections (3.1) and (3.2), as the court considers desirable for securing
the good conduct of the defendant; or
(b) commit the defendant to prison for a term not exceeding twelve
months if he or she fails or refuses to enter into the recognizance.
Conditions
(3.1) Before making an order under subsection (3), the justice or the summary
conviction court shall consider whether it is desirable, in the interests of the
safety of the defendant or of any other person, to include as a condition of the
recognizance that the defendant be prohibited from possessing any firearm,
cross-bow, prohibited weapon, restricted weapon, prohibited device,
ammunition, prohibited ammunition or explosive substance, or all such things,
for any period specified in the recognizance and, where the justice or
summary conviction court decides that it is so desirable, the justice or
summary conviction court shall add such a condition to the recognizance.
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Surrender, etc.
(3.11) Where the justice or summary conviction court adds a condition
described in subsection (3.1) to a recognizance order, the justice or summary
conviction court shall specify in the order the manner and method by which
(a) the things referred to in that subsection that are in the possession of the
accused shall be surrendered, disposed of, detained, stored or dealt with; and
(b) the authorizations, licences and registration certificates held by the person
shall be surrendered.
Reasons
(3.12) Where the justice or summary conviction court does not add a condition
described in subsection (3.1) to a recognizance order, the justice or summary
conviction court shall include in the record a statement of the reasons for not
adding the condition.
Idem
(3.2) Before making an order under subsection (3), the justice or the summary
conviction court shall consider whether it is desirable, in the interests of the
safety of the informant, of the person on whose behalf the information was
laid or of that person’s spouse or common-law partner or child, as the case
may be, to add either or both of the following conditions to the recognizance,
namely, a condition
(a) prohibiting the defendant from being at, or within a distance specified
in the recognizance from, a place specified in the recognizance where the
person on whose behalf the information was laid or that person’s spouse
or common-law partner or child, as the case may be, is regularly found;
and
(b) prohibiting the defendant from communicating, in whole or in part,
directly or indirectly, with the person on whose behalf the information
was laid or that person’s spouse or common-law partner or child, as the
case may be.
Forms
(4) A recognizance and committal to prison in default of recognizance under
subsection (3) may be in Forms 32 and 23, respectively.
Modification of recognizance
(4.1) The justice or the summary conviction court may, on application of the
informant or the defendant, vary the conditions fixed in the recognizance.
Procedure
(5) The provisions of this Part apply, with such modifications as the
circumstances require, to proceedings under this section.
187
R.S., 1985, c. C-46, s. 810; 1991, c. 40, s. 33; 1994, c. 44, s. 81; 1995, c. 22, s. 8,
c. 39, s. 157; 2000, c. 12, s. 95.
Fear of certain offences
810.01 (1) A person who fears on reasonable grounds that another person will
commit an offence under section 423.1, a criminal organization offence or a
terrorism offence may, with the consent of the Attorney General, lay an
information before a provincial court judge.
Appearances
(2) A provincial court judge who receives an information under subsection (1)
may cause the parties to appear before a provincial court judge.
Adjudication
(3) The provincial court judge before whom the parties appear may, if satisfied
by the evidence adduced that the informant has reasonable grounds for the
fear, order that the defendant enter into a recognizance to keep the peace
and be of good behaviour for any period that does not exceed twelve months
and to comply with any other reasonable conditions prescribed in the
recognizance, including the conditions set out in subsection (5), that the
provincial court judge considers desirable for preventing the commission of an
offence referred to in subsection (1).
Refusal to enter into recognizance
(4) The provincial court judge may commit the defendant to prison for a term
not exceeding twelve months if the defendant fails or refuses to enter into the
recognizance.
Conditions — firearms
(5) Before making an order under subsection (3), the provincial court judge
shall consider whether it is desirable, in the interests of the safety of the
defendant or of any other person, to include as a condition of the
recognizance that the defendant be prohibited from possessing any firearm,
cross-bow, prohibited weapon, restricted weapon, prohibited device,
ammunition, prohibited ammunition or explosive substance, or all of those
things, for any period specified in the recognizance, and where the provincial
court judge decides that it is so desirable, the provincial court judge shall add
such a condition to the recognizance.
Surrender, etc.
(5.1) Where the provincial court judge adds a condition described in
subsection (5) to a recognizance, the provincial court judge shall specify in the
recognizance the manner and method by which
(a) the things referred to in that subsection that are in the possession of
the defendant shall be surrendered, disposed of, detained, stored or dealt
with; and
188
(b) the authorizations, licences and registration certificates held by the
defendant shall be surrendered.
Reasons
(5.2) Where the provincial court judge does not add a condition described in
subsection (5) to a recognizance, the provincial court judge shall include in the
record a statement of the reasons for not adding the condition.
Variance of conditions
(6) A provincial court judge may, on application of the informant, the Attorney
General or the defendant, vary the conditions fixed in the recognizance.
Other provisions to apply
(7) Subsections 810(4) and (5) apply, with any modifications that the
circumstances require, to recognizances made under this section.
1997, c. 23, ss. 19, 26; 2001, c. 32, s. 46, c. 41, ss. 22, 133; 2002, c. 13, s. 80.
Where fear of sexual offence
810.1 (1) Any person who fears on reasonable grounds that another person
will commit an offence under section 151, 152, 155 or 159, subsection 160(2)
or (3), section 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272
or 273, in respect of one or more persons who are under the age of 16 years,
may lay an information before a provincial court judge, whether or not the
person or persons in respect of whom it is feared that the offence will be
committed are named.
Appearances
(2) A provincial court judge who receives an information under subsection (1)
may cause the parties to appear before a provincial court judge.
Adjudication
(3) If the provincial court judge before whom the parties appear is satisfied by
the evidence adduced that the informant has reasonable grounds for the fear,
the judge may order that the defendant enter into a recognizance to keep the
peace and be of good behaviour for a period that does not exceed 12 months.
Duration extended
(3.01) However, if the provincial court judge is also satisfied that the
defendant was convicted previously of a sexual offence in respect of a person
who is under the age of 16 years, the judge may order that the defendant
enter into the recognizance for a period that does not exceed two years.
Conditions in recognizance
(3.02) The provincial court judge may add any reasonable conditions to the
recognizance that the judge considers desirable to secure the good conduct of
the defendant, including conditions that
189
(a) prohibit the defendant from engaging in any activity that involves
contact with persons under the age of 16 years, including using a
computer system within the meaning of subsection 342.1(2) for the
purpose of communicating with a person under that age;
(b) prohibit the defendant from attending a public park or public
swimming area where persons under the age of 16 years are present or
can reasonably be expected to be present, or a daycare centre, school
ground or playground;
(c) require the defendant to participate in a treatment program;
(d) require the defendant to wear an electronic monitoring device, if the
Attorney General makes the request;
(e) require the defendant to remain within a specified geographic area
unless written permission to leave that area is obtained from the
provincial court judge;
(f) require the defendant to return to and remain at his or her place of
residence at specified times; or
(g) require the defendant to abstain from the consumption of drugs except
in accordance with a medical prescription, of alcohol or of any other
intoxicating substance.
Conditions — firearms
(3.03) The provincial court judge shall consider whether it is desirable, in the
interests of the defendant’s safety or that of any other person, to prohibit the
defendant from possessing any firearm, cross-bow, prohibited weapon,
restricted weapon, prohibited device, ammunition, prohibited ammunition or
explosive substance, or all of those things. If the judge decides that it is
desirable to do so, the judge shall add that condition to the recognizance and
specify the period during which the condition applies.
Surrender, etc.
(3.04) If the provincial court judge adds a condition described in subsection
(3.03) to a recognizance, the judge shall specify in the recognizance how the
things referred to in that subsection that are in the defendant’s possession
should be surrendered, disposed of, detained, stored or dealt with and how
the authorizations, licences and registration certificates that are held by the
defendant should be surrendered.
Condition — reporting
(3.05) The provincial court judge shall consider whether it is desirable to
require the defendant to report to the correctional authority of a province or
to an appropriate police authority. If the judge decides that it is desirable to do
so, the judge shall add that condition to the recognizance.
190
Refusal to enter into recognizance
(3.1) The provincial court judge may commit the defendant to prison for a
term not exceeding twelve months if the defendant fails or refuses to enter
into the recognizance.
Judge may vary recognizance
(4) A provincial court judge may, on application of the informant or the
defendant, vary the conditions fixed in the recognizance.
Other provisions to apply
(5) Subsections 810(4) and (5) apply, with such modifications as the
circumstances require, to recognizances made under this section.
1993, c. 45, s. 11; 1997, c. 18, s. 113; 2002, c. 13, s. 81; 2008, c. 6, ss. 52, 54,
62.
Where fear of serious personal injury offence
810.2 (1) Any person who fears on reasonable grounds that another person
will commit a serious personal injury offence, as that expression is defined in
section 752, may, with the consent of the Attorney General, lay an information
before a provincial court judge, whether or not the person or persons in
respect of whom it is feared that the offence will be committed are named.
Appearances
(2) A provincial court judge who receives an information under subsection (1)
may cause the parties to appear before a provincial court judge.
Adjudication
(3) If the provincial court judge before whom the parties appear is satisfied by
the evidence adduced that the informant has reasonable grounds for the fear,
the judge may order that the defendant enter into a recognizance to keep the
peace and be of good behaviour for a period that does not exceed 12 months.
Duration extended
(3.1) However, if the provincial court judge is also satisfied that the defendant
was convicted previously of an offence referred to in subsection (1), the judge
may order that the defendant enter into the recognizance for a period that
does not exceed two years.
Refusal to enter into recognizance
(4) The provincial court judge may commit the defendant to prison for a term
not exceeding twelve months if the defendant fails or refuses to enter into the
recognizance.
191
Conditions in recognizance
(4.1) The provincial court judge may add any reasonable conditions to the
recognizance that the judge considers desirable to secure the good conduct of
the defendant, including conditions that require the defendant
(a) to participate in a treatment program;
(b) to wear an electronic monitoring device, if the Attorney General makes
the request;
(c) to remain within a specified geographic area unless written permission
to leave that area is obtained from the provincial court judge;
(d) to return to and remain at his or her place of residence at specified
times; or
(e) to abstain from the consumption of drugs except in accordance with a
medical prescription, of alcohol or of any other intoxicating substance.
Conditions — firearms
(5) The provincial court judge shall consider whether it is desirable, in the
interests of the defendant’s safety or that of any other person, to prohibit the
defendant from possessing any firearm, cross-bow, prohibited weapon,
restricted weapon, prohibited device, ammunition, prohibited ammunition or
explosive substance, or all of those things. If the judge decides that it is
desirable to do so, the judge shall add that condition to the recognizance and
specify the period during which the condition applies.
Surrender, etc.
(5.1) If the provincial court judge adds a condition described in subsection (5)
to a recognizance, the judge shall specify in the recognizance how the things
referred to in that subsection that are in the defendant’s possession should be
surrendered, disposed of, detained, stored or dealt with and how the
authorizations, licences and registration certificates that are held by the
defendant should be surrendered.
Reasons
(5.2) If the provincial court judge does not add a condition described in
subsection (5) to a recognizance, the judge shall include in the record a
statement of the reasons for not adding the condition.
Condition — reporting
(6) The provincial court judge shall consider whether it is desirable to require
the defendant to report to the correctional authority of a province or to an
appropriate police authority. If the judge decides that it is desirable to do so,
the judge shall add that condition to the recognizance.
192
Variance of conditions
(7) A provincial court judge may, on application of the informant, of the
Attorney General or of the defendant, vary the conditions fixed in the
recognizance.
Other provisions to apply
(8) Subsections 810(4) and (5) apply, with such modifications as the
circumstances require, to recognizances made under this section.
1997, c. 17, s. 9; 2002, c. 13, s. 82; 2008, c. 6, s. 53.
Breach of recognizance
811. A person bound by a recognizance under section 83.3, 810, 810.01, 810.1
or 810.2 who commits a breach of the recognizance is guilty of
(a) an indictable offence and liable to imprisonment for a term not
exceeding two years; or
(b) an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 811; 1993, c. 45, s. 11; 1994, c. 44, s. 82; 1997, c. 17, s.
10, c. 23, ss. 20, 27; 2001, c. 41, s. 23.
193
Appendix E: Assessment Report - Sample Outline
The following sections would be typical in an assessment report prepared
pursuant to s.752.1. They are, however, not obligatory– the form, structure
and content of actual reports will vary by jurisdiction and the requirements of
particular cases.
Background of the referral. This section states where the referral came from,
who initiated the assessment, and on what grounds.
Informed consent. This section would state that the offender had been fully
and understandably informed as to the nature and purpose of this
assessment. This section would also generally state that the offender has
signed a statement indicating that they have been informed of the purpose
and nature of this assessment or a witnessed statement indicating that the
offender declined to give their consent to the assessment. When the offender
is in a residential facility and the offender declines to be involved in the
assessment, the assessment proceeds without consent. In cases where the
offender declines to participate in the assessment process the assessment is
conducted primarily from file review. In these cases observational information
gained from frontline staff is even more important.
Demographics. This section would generally include the offender’s date of
birth, family information (or lack thereof), marital status (including past
marriages and involvements) vocational and schooling information and
employment status at time of arrest.
List of tests used. This section of the report should list all psychological tests
and assessments administered to the offender in the course of the
assessment.
List of information provided. This section should list all papers and files
reviewed by the assessor in preparation of the report. This is an essential
check that the person giving an overall assessment of dangerousness has seen
all relevant documentation.
Review of the index offence. The index offence is the Serious Personal Injury
Offence or set of offences that brought the offender for assessment. Generally
the set of offences for which the offender has just been found guilty. This
section should compare and contrast the information received from the
Crown, such as police incident reports and court transcripts, with the
offender’s verbal report of what happened.
Review of previous psychological/psychiatric assessments. Offenders who
reach this level of intervention have usually been seen in the judicial or mental
health system before. It is important to review previous reports to look for
trends in psychological and behavioural functioning over time.
Standard behavioural observations. This section should include not only how
the offender presented themself while in direct assessment by the principal
194
assessor, but also staff reviews of the offender’s behaviour as seen in the
residential setting. The report of the principal assessor would review the
presentation, attitude, and posture of the offender, their level of co-operation,
and the rapport developed between the assessor and the offender during the
assessment interview(s). Residential staff should be encouraged to comment
upon how the offender interacts with their environment. This would include
observations on any temperamental/violent outbursts, how the offender
interacted with staff and other residents and the degree to which this offender
was a management concern while in remand. Emphasis should be placed upon
the offender’s ability to cope with their surroundings and the offender’s
problem resolution skills.
Test results. This section presents the results of the various tests used during
the assessment. This section should include references to tests of cognitive
ability and intelligence, a section devoted to tests of psychopathology, a
personality assessment inventory, and tests of anxiety and depression, tests of
alcohol and drug use/dependency. This section would also include results of
specific assessments of dangerousness, recidivism potential, and psychopathy.
Phallometric data. In cases where a sexual offence had been committed
phallometric testing may be useful. Phallometric testing assesses the
physiological response to pictures of sexual content or audiotaped
descriptions of sexual activities. This test helps to determine the presence of
sexual deviance, non-normative sexual attractions, and proclivities. It is
important to remember that these tests, while helpful in outlining possible
treatment targets, do not speak to the issue of guilt or innocence.
Physiological sexual preference tests for female offenders are seldom used
and remain at the experimental stage.
Clinical interview. A summary review of the interview is presented. This
section deals more with impressions and opinions, as opposed to the section
on behavioural observations. This would include a description of how the
offender defines their problem and a description of what general areas of
inquiry were covered during the clinical interview(s).
Summary and conclusions. This section should include prognostic statements
concerning the offender and some direct statement concerning the offender’s
risk level. A statement about the offender’s general psychological fitness,
levels of sexual deviance, and the extent to which deviant behaviours appear
to have been repeated or are persistent. This section should include a
statement concerning the offender’s attitude towards accepting treatment or
willingness to participate in treatment. When the assessment is being used for
a Dangerous Offender hearing, a statement should be included concerning the
offender’s potential for future dangerousness. When the assessment is being
used for a Long-Term Offender application, this section should include a
statement giving an opinion on the possible eventual control of this offender
in the community after a term of federal incarceration.
195
Potential treatment targets. Recommendations should be made considering
needed treatment options for this offender. These might include sex offender
treatment, social competencies training or anger management.
196
Appendix F: Standard Release Conditions
Corrections and Conditional Release Regulations SOR/92-620
Conditions of Release
161. (1) For the purposes of subsection 133(2) of the Act, every offender who
is released on parole or statutory release is subject to the following conditions,
namely, that the offender
(a) on release, travel directly to the offender's place of residence, as set
out in the release certificate respecting the offender, and report to the
offender's parole supervisor immediately and thereafter as instructed by
the parole supervisor;
(b) remain at all times in Canada within the territorial boundaries fixed by
the parole supervisor;
(c) obey the law and keep the peace;
(d) inform the parole supervisor immediately on arrest or on being
questioned by the police;
(e) at all times carry the release certificate and the identity card provided
by the releasing authority and produce them on request for identification
to any peace officer or parole supervisor;
(f) report to the police if and as instructed by the parole supervisor;
(g) advise the parole supervisor of the offender's address of residence on
release and thereafter report immediately
(i) any change in the offender's address of residence,
(ii) any change in the offender's normal occupation, including
employment, vocational or educational training and volunteer work,
(iii) any change in the domestic or financial situation of the offender
and, on request of the parole supervisor, any change that the offender
has knowledge of in the family situation of the offender, and
(iv) any change that may reasonably be expected to affect the
offender's ability to comply with the conditions of parole or statutory
release;
(h) not own, possess or have the control of any weapon, as defined in
section 2 of the Criminal Code, except as authorized by the parole
supervisor; and
(i) in respect of an offender released on day parole, on completion of the
day parole, return to the penitentiary from which the offender was
released on the date and at the time provided for in the release certificate.
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