Dangerous offender laws upheld by B.C. appeal court
Ruling overturns lower court decision that laws violate Charter rights
British Columbia's highest court has overturned a ruling that found nearly decade-old changes to the federal dangerous offender laws violate the Charter of Rights and Freedoms.
The decision involves 47-year-old Donald Boutilier, who pleaded guilty in May 2012 to six offences including robbery and assault with a weapon but challenged a Crown request seeking dangerous offender status.
Boutilier's lawyer argued successfully that 2008 revisions in an omnibus crime bill passed by the then-Conservative government were too broad and violated the Charter, in part because they removed judicial discretion over dangerous-offender designations.
Changes to classification and sentencing of dangerous offenders generally made it easier to apply the law to anyone with multiple convictions.
A panel of B.C. Court of Appeal judges has now ruled that the lower court was wrong to find dangerous offender provisions remove a judge's sentencing discretion or are too broad.
The unanimous decision upholds the Crown appeal, saying that when all the evidence is considered, it is reasonable to conclude that an indeterminate sentence is the best way to manage the risks posed by Boutilier.