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Bill C-2 (39th Parliament, 2nd Session) committee The high-risk offender working group task force report on dangerous offenders was in 1995, and in I believe in 2002 was the report of the high-risk working group on the sex offender registry.
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee The designation by the court that occurs now, under this proposed reform, lasts for the life of the offender. So the offender has in fact been found to be a dangerous offender. If the offender breaches a condition and is convicted of the breach of a long-term offender supervision
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee Without being too facetious, I think there's a lot of analysis of that in the press and in the political world. We don't tend to want to comment too much on specific instances that are before the courts, and this one is certainly in that category.
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee That's fair comment. Certainly I think that is exactly what we have been doing since 1995 with the high-risk offender working group, which is a committee of senior justice officials from across the country. Its works first culminated in the 1997 changes to the Criminal Code that
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee Certainly in any given case, normally the transcripts and the decisions are public record and can be obtained by any individual who wishes to study them.
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee No. To be fair, though, in that particular instance that was under a previous set of laws. I think the original case, the original decision, was in 1978. The long-term offender designation was not available. I would suggest that in that particular case, had that happened today, i
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee This precedes the assessment. The first stage, prior to an assessment, is that the crown has to bring an application to the court under part XXIV for a dangerous offender proceeding. So the first step is that they apply to the court and they argue before the court that the indivi
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee It's to make sure that in every case where there is a history of violent or sexual offences, the crown has at least considered a part XXIV application and says so on the record. It's not to bind the crown. It's not to tie him or the court to a dangerous offender application eithe
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee I think the real issue that the crown declaration tries to get to is just to ensure that the first stage of inquiry is thoroughly examined by the crown prosecutor. I think the concern was that that's not always done. And again, those reasons are varied. It may not always be the s
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee Yes. Technically you only need to have one conviction as the long as the crown is able to establish that there was a pattern of violence. You can in fact tender evidence during a dangerous offender proceeding that goes outside of a conviction. In other words, you can have a numbe
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee Again, a couple of problems have been identified in ongoing consultations with provincial senior justice and territorial officials representing the provinces' and territories' attorneys general. To begin with, the crown declaration is addressing the issue that in not every case
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee I don't think it's that they're not in a position. The crowns clearly are in a position to make the application from the outset, but to understand fully the context...I think in many jurisdictions the resources of the court, of the Crown, are stretched somewhat thin. There is oft
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee I can confirm that to my knowledge there has been a successful DO application brought against a woman. I know of one. There may have been others, but I can't confirm that. As to current dangerous offenders in the system, we can undertake to contact Correctional Services and mak
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee I have the same answer on that: no, we haven't done that analysis. I think there's a potential for that type of analysis to come forward, because certainly we'd have to cross-reference the number of women who have been convicted of a sexual offence over a given time period. Throu
October 31st, 2007Committee meeting
Douglas Hoover
Bill C-2 (39th Parliament, 2nd Session) committee I can only suggest that from my perspective it is not specifically an issue. The number of women who have been subject to dangerous offender applications is quite low. There's a very small handful. I know of one as being successful. If there were a concern that women were someh
October 31st, 2007Committee meeting
Douglas Hoover