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SCC upholds dangerous offender provisions but says indeterminate detention a last resort

Thursday, December 21, 2017 @ 6:18 PM | By Cristin Schmitz

The Supreme Court has upheld the constitutionality of two Harper-era dangerous offender sentencing provisions, while construing the 2008 amendments in a way that preserves judicial discretion and ensures that indeterminate detention remains a last resort.

Justice Andromache KarakatsanisOn an initial quick read of the top court’s 8-1 majority decision Dec. 21, several criminal lawyers told The Lawyer’s Daily they are cautiously positive about the instructions the top court has given judges about how to interpret ss. 753(1) and 753(4.1) of the Criminal Code, as amended by...