What is the test for declaring an offender a long-term offender?

Ontario, Canada


The following excerpt is from R. v. Erstikaitis, 2019 ONSC 6863 (CanLII):

In Regina v. Newton, [2006] OJ No. 1180 at para. 164 it was noted that before a court declares an offender to be a long-term offender, the court must be satisfied that the public can be adequately protected both during the term of the long-term supervision order and after its expiry.

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.

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