Is a long-term offender entitled to a lifetime restriction or conditions?
Ontario, Canada
The following excerpt is from R. v. Erstikaitis, 2019 ONSC 6863 (CanLII):
Further, as noted earlier in Regina v. D.J.D., [2003] OJ No. 5547 at para. 41, Nordheimer J. (as he then was) stated: If the eventual control of the risk must rely on such lifetime restrictions or conditions, and those conditions cannot be imposed, then the reality is that the risk is not being controlled; it is simply being postponed. The long-term offender designation ought not to be used to create a façade of accomplishing a goal that it is, in fact, not accomplishing. Otherwise it risks, among other things, creating a false sense of security in the community.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a person entitled under a statutory superannuation scheme entitled to a garnishment under the Employee Benefit Scheme entitled to be garnished after they have ceased employment? (Ontario, Canada)
In what circumstances would a plaintiff be entitled to a lifetime retirement pension if he had followed the recommendation of his surgeon to submit to an operation which left him paralysed? (Ontario, Canada)
What is the test for declaring an offender a long-term offender? (Ontario, Canada)
Is a custodial parent entitled to restrict access parent's activities with the child? (Ontario, Canada)
Is a true condition precedent a valid condition precedent? (Ontario, Canada)
What is the entitlement to occupation rent for tenants who are not entitled to the property? (Ontario, Canada)
Is a restrictive covenant in a shareholder’s agreement binding a doctor to the restrictive covenant? (Ontario, Canada)
Does a termination clause simply stating that an employee is entitled to compensation in accordance with the legislation restrict the employee to the minimum notice period provided? (Ontario, Canada)
What is the test for determining whether a person is entitled to a conditional discharge? (Ontario, Canada)
What is a conditional sentence for an offender who is convicted of possession of crack cocaine for the purpose of trafficking? (Ontario, Canada)
