Dangerous Offenders in Canada

Sex offenders designated as dangerous offenders are often sex predators who use violence on their victims (Bonta et al. , 1996; p. The dangerous offender designation is crucial for managing high-risk criminals in Canada. The designation aims at achieving the goals of the traditional logic of prevention in which people come together to form a cooperative society without exposing one another to risk (Morse, 2004; p. The laws governing dangerous offender designation in Canada traces its origin to 1940s (Robertson, 2010; p. This reflects the contention of dangerous offenders in legal circles. The current contention arises out of the need to treat offenders fairly and to ensure public safety (Morse, 2004; p. The designation has faced several criticisms over its application. For instance, news article in Vancouver Sun, Crawford (2015) reports that a judge in British Columbia had termed the dangerous offender legislations in Canada as unconstitutional.

In another article by the CBC News (2010), an academician at York University argued that the designation is not effective and that it has two anomalies. For instance, the terms substantial degree of indifference and brutal nature are not legal concepts and therefore cannot lead to objective classification (Dawson et al. , 2014; p. The fact that these terms lack a legal foundation may create a loophole for people to successfully challenge the application as it has happened in Crawford (2015). It can even cause confusion because when termed unconstitutional, the designation long-term offender will still be applied to an individual. This case is best reflected in Crawford’s (2015) article of the Vancouver Sun in which the Supreme Court Justice Voith declared the dangerous offender laws of Canada as unconstitutional, but the suspect who raised the question was to continue holding that designation.

Conclusion Overall, the designation Dangerous Offender (DO) still remains of paramount importance to protecting the public from unspeakable horrors and unimaginable depravity and guaranteeing its safety by imprisoning dangerous offenders. It goes without saying that the actions of past governments such as the conservative government of 2008 have watered down the impact of the designated dangerous offender application. The amendments to these laws have brought about inconsistent application of the law. To make the designation more powerful courts should have the power they had prior to 2008, which is the discretion to ensure a fitting sentence is implemented. Traditionally, the court had the role of striking the balance between the societal needs and the individual’s rights (Soward, 1998; p. The crown files research project: A study of dangerous offenders.