P. Garcia

Sentencing of a declared dangerous offender serving a ten-year long-term supervision order for two counts of failing to comply with LTSO conditions, namely cocaine consumption and failure to provide documented financial information.

The court assessed the offender's extensive criminal record of violent robberies, his intractable substance abuse directly linked to violent recidivism, the intergenerational trauma stemming from the residential school and child welfare systems, and his inconsistent rehabilitative engagement, concluding that public protection must predominate as an enhanced sentencing objective notwithstanding applicable Gladue factors.

The Crown applied to have the respondent declared a dangerous offender following his convictions for two counts of attempted murder with a firearm, discharging a firearm with intent to wound, and failing to comply with a prohibition order.

The court reviewed the respondent's extensive criminal record, institutional misconduct, gang affiliation, and psychiatric assessments.

Finding that the respondent met the criteria for a dangerous offender due to a pattern of persistent aggressive behaviour and a substantial degree of indifference to the consequences of his actions, the court declared him a dangerous offender and imposed an indeterminate sentence.

The applicant, who was convicted of attempted murder and other firearm offences, challenged the constitutionality of the dangerous offender provisions in sections 753(1) and 753.01 of the Criminal Code.

The applicant argued that the 2008 amendments impermissibly curtailed judicial discretion and were overbroad, violating section 7 of the Charter.

The court reviewed the legislative history and jurisprudence, concluding that the provisions operate as part of a carefully calibrated scheme to protect the public while maintaining judicial discretion at the penalty phase.

The court found that the provisions are not overbroad and do not violate the principles of fundamental justice.

The application was dismissed.