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| Michael Crowley |
Essentially, it allows an individual to be declared a dangerous offender if they have committed an offence that caused a serious personal injury, and that the individual constitutes a threat to the life, safety or mental well-being of other persons, based on certain evidence.
The definition outlines issues such as whether there is a pattern of repetitive behaviour that is likely to cause death or injury to others or severe psychological damage to others. It also seeks to assess whether there is a pattern of persistent aggressive behaviour that shows a substantial degree of indifference or any behaviour that is of such brutal nature that it compels the conclusion that similar behaviour in the future is unlikely to be inhibited by normal standards.
The court then goes through a two-step process: the first being the designation stage and the second is the penalty stage. And if a court determines that the offender’s offences meet the test set out in the Criminal Code and that there is no reasonable likelihood that their risk for future offending may be mitigated by benefiting from treatment and supervision, then the court will impose an indeterminate sentence.
The sentencing judge, in arriving at a decision, is required to conduct a thorough inquiry in order to assess the type and level of risk that the offender poses based on a number of factors, as well as reviewing current mental health assessments and evidence with respect to the availability of treatment and supervision programs that might address the offender’s risks.
An indeterminate sentence is similar to a life sentence as it means the offender will be sentenced to incarceration that will last for the entirety of their lifetime. For a life sentence (for murder) an offender only be eligible for full parole after serving a minimum of 10 years (for second-degree murder) or 25 years (for first-degree murder). In the case of an indeterminate sentence, an inmate becomes eligible for parole consideration after being incarcerated for seven years following the date of their arrest.
Individuals serving life sentences are also eligible for day parole; this date is at seven years prior to their eligibility date for full parole. Day parole is a decision made by the Parole Board of Canada (as is full parole) and permits individuals to reside in the community, under supervision for periods of up to six months. Day parole normally requires the individual to reside in a halfway house (community-based residential facility), which is staffed around the clock and has a number of restrictions on the individual’s liberty. However, during the recent pandemic, the board was able to grant day parole to an individual’s own residence — again, for periods of no more than six months. Day parole can be continued following a subsequent decision, or the board may grant full parole if the individual is eligible.
In my experience, very few inmates are granted day parole when they are first eligible, or full parole. This is especially true of anyone serving a life sentence as the board’s members exercise very careful consideration, given the offender’s actions that led to the death of another individual.
At the end of 2022, there were 5,106 individuals serving life sentences (for first- or second-degree murder) in Canada (2022 Corrections and Conditional Release Overview – Public Safety Canada). Of that number, 2,102 had been granted conditional releases. That means that approximately 38 per cent of all individuals serving life sentences had been released to community supervision.
At the same time, there were 655 individuals who had been declared dangerous offenders and received indeterminate sentences. Of that total, only seven per cent had been released into the community.
From my perspective, that is a startling discrepancy — but it fits with my experience over 21 years as a board member. After all, both of these populations had been sentenced to life in prison — but it would appear that granting conditional release to someone convicted of murder is far more likely than doing the same for a dangerous offender.
This is the first instalment of a two-part series.
Michael Crowley has a BA from Syracuse University. He spent more than 40 years in various positions within the criminal justice system in Canada. Before retiring Crowley, had been a member of the Parole Board of Canada for 21 years. Contact him via CrowleyMichael167@gmail.com.
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