e-4489 (Justice)

Dangerous Offender Designation and Sentencing

The fundamental purpose of sentencing is the protection of the public and to contribute to respect for the law and the maintenance of a just, peaceful and safe society. 

The Government of Canada remains committed to ensuring the effectiveness of the criminal justice system and to delivering public safety results for Canadians. This includes ensuring that the Criminal Code provides the court with a rigorous framework to impose appropriate sentences. 

The Criminal Code establishes the criteria that allow the court to designate an individual a Dangerous Offender (DO). The DO regime is in place to protect the public from offenders who pose a threat to the life and safety of members of the public. To guide the court in ensuring that sentences for DOs are appropriate and proportionate, the Criminal Code stipulates that the court shall impose a sentence of detention in a penitentiary for an indeterminate period unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that a lesser measure will adequately protect the public against the commission by the offender of murder or a serious personal injury offence.

Once a sentence is imposed by the courts, it is administered by the Correctional Service of Canada (CSC). CSC’s paramount consideration is the protection of society. They are also required to carry out these sentences safely and humanely within the rule of law, and to assist in the rehabilitation of offenders and their safe reintegration.

Inmate Security Classification

Under the legislative framework established by the Corrections and Conditional Release Act, all federal offenders are to be classified as maximum, medium or minimum security, and are placed or transferred to a federal institution accordingly.

Classification decisions occur following a thorough assessment of an inmates’ case-specific factors and individual risk to maintain the safety and security of the penitentiaries, to contribute to public safety, to further an inmate’s rehabilitation and safe reintegration, and to protect society. Accordingly, risk assessment is the product of several objective factors – the nature and circumstances of an inmate’s offence, their status as a DO, and their risk to escape or to public safety are all factors taken into consideration.

With respect to maximum-security offenders specifically, s. 18 of the Corrections and Conditional Release Regulations states that an inmate shall be classified as maximum security where the inmate is assessed by CSC as “(i) presenting a high probability of escape and a high risk to the safety of the public in the event of escape, or (ii) requiring a high degree of supervision and control within the penitentiary.”

The classification of an inmate as maximum-security, however, is not intended by the legislation to constitute an act of further denunciation or punishment beyond what was imposed by the court. Rather, it occurs when a professional assessment deems it is a necessary measure for inmates who pose the greatest danger to the public, staff or other inmates, inmates needing more supervision, or who have a higher propensity to try to escape.

Importantly, a medium-security institution has the same security safeguards as a maximum-security prison, but allows for more freedom of movement, interaction and privileges to encourage inmates to be more responsible for day-to-day life.