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.

Other Questions


In what circumstances has a member been suspended or reprimanded for committing indecent acts with intent to offend a female colleague? (Ontario, Canada)
Does an Aboriginal offender who does not wish specific evidence adduced be specific? (Ontario, Canada)
Can a union local commence an action for declarations that certain employment agreements and escrow agreements are void? (Ontario, Canada)
What is the test for holding a young offender accountable under the Youth Criminal Justice Act? (Ontario, Canada)
What is the current state of the law on sentencing dangerous offenders? (Ontario, Canada)
Is a municipal councillor required to declare an interest in the sale of a piece of land where the land is to be sold? (Ontario, Canada)
Can a school principal obtain an order under the Young Offenders Act? (Ontario, Canada)
What is the test for determining whether an election can be declared invalid if the number of irregular votes exceeds the plurality of votes cast? (Ontario, Canada)
In what circumstances will the court allow a declaration to be made in a personal injury action? (Ontario, Canada)
Can a contingency agreement be declared void or unenforceable? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.