This is an appeal from a dangerous offender designation and indeterminate sentence.
The appellant, Jason Eamer, had a history of violent offenses against intimate partners.
Two psychiatrists opined that his risk of re-offence could be controlled in the community with strict measures, including a prohibition on romantic relationships.
The sentencing judge rejected this, finding the risk intractable and the proposed measures insufficient to adequately protect the public.
On appeal, Eamer argued the sentencing judge erred by not considering intractability at the designation stage (a "Boutilier" error) and by improperly departing from expert psychiatric opinions regarding risk management.
The Court of Appeal dismissed the appeal, finding no error in the sentencing judge's assessment of intractability or in his conclusion that the proposed community controls were not feasible or realistically capable of protecting the public, given the appellant's history of non-compliance.