Criminal Code of Canada - section 672.81(1.3) - Definition of serious personal injury offence

section 672.81(1.3)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines serious personal injury offence for the purposes of subsection (1.2) of the Criminal Code of Canada.

SECTION WORDING

672.81(1.3) For the purposes of subsection (1.2), "serious personal injury offence" means (a) an indictable offence involving (i) the use or attempted use of violence against another person, or (ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person; or (b) an indictable offence referred to in section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 or an attempt to commit such an offence.

EXPLANATION

Section 672.81(1.3) of the Canadian Criminal Code lays out what constitutes a serious personal injury offence" for the purposes of a person being declared a dangerous offender. This designation allows for an offender to be held in custody indefinitely, beyond their sentence, due to their perceived potential for further violent behavior. For an offence to be considered serious personal injury," it must either involve the use or attempted use of violence against another person or conduct that endangers or is likely to endanger the life or safety of another person. The alternative is an indictable offence referred to in specific sections of the Criminal Code relating to sexual offenses, such as sexual interference, invitation to sexual touching, and child pornography. These indictable offenses are considered particularly serious, as they involve violence or the exploitation of vulnerable individuals. The inclusion of these specific sections highlights Canada's commitment to protecting children from harm through rigorous punishments for those who commit crimes related to child sexual abuse or exploitation. The designation of a serious personal injury offence" is a critical element of the Dangerous Offender designation and allows for stricter punishments and longer sentences for offenders who pose a risk to society. This section provides clarity on what offenses qualify for this designation, ensuring that it is only applied in cases where the offender has demonstrated a clear risk to public safety.

COMMENTARY

Section 672.81(1.3) of the Criminal Code of Canada is an important provision that defines the term "serious personal injury offence" for the purpose of determining whether an individual is eligible for a long-term offender designation. The provision includes two categories of offences, each with its unique characteristics. The first category includes those indictable offences that involve the use or attempted use of violence against another person or conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person. This category covers a broad range of offences, including assault, robbery, kidnapping, and sexual assault. These types of offences are deemed serious because they involve harm to others, either physical or psychological. The second category includes specific indictable offences listed in section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272, or 273 of the Criminal Code or an attempt to commit such an offence. These offences are considered particularly severe as they involve sexual offences, exploitation, and abuse of vulnerable persons, including children and persons with mental or physical disabilities. The inclusion of this category recognizes the special harm caused by such offences and the need for more stringent measures to prevent future harm. This provision is significant because it lays down the criteria that judges must use in making long-term offender designation decisions. According to subsection 1.2, a long-term offender is an individual who is likely to re-offend, who has committed a serious personal injury offence, and who may benefit from a period of supervision and intensive treatment in the community. Moreover, the designation of long-term offender results in the imposition of restrictive release conditions, including close supervision, electronic monitoring, and regular reporting to the authorities. These conditions are intended to manage the risk of re-offending and protect the public. Therefore, under the Criminal Code of Canada, an individual who commits a serious personal injury offence may be designated a long-term offender if the court finds that they are at a high risk of committing further offences and would, therefore, benefit from stringent monitoring and treatment. The inclusion of sexual offences against vulnerable persons as a separate category of offences is especially important to recognize the devastating impact of such offences on the victims. The combination of the two categories reflects Canada's commitment to keeping the communities safe and preventing re-victimization. In conclusion, Section 672.81(1.3) is a crucial element of the Criminal Code of Canada, as it defines serious personal injury offences and serves as the basis for making long-term offender designations. It recognizes the diverse forms of harm caused by such offences and acknowledges the need for protective measures to safeguard the public and support the offenders in reintegrating into society. The provision is an essential tool in the Canadian criminal justice system, enabling the courts to impose appropriate sentences and monitoring conditions that reflect the gravity and nature of the offence and enhance public safety.

STRATEGY

When dealing with Section 672.81(1.3) of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. This section deals with the use of electronic monitoring as a condition of parole for individuals who have been convicted of serious personal injury offenses. Some of the key strategic considerations include the selection of appropriate monitoring technology, staff training and resource allocation, and the use of discretion in determining whether or not to impose electronic monitoring as a condition of release. One of the key strategic considerations when it comes to electronic monitoring for serious personal injury offenses is the selection of appropriate technology. There are many different types of electronic monitoring devices available, such as ankle bracelets, GPS trackers, and remote breathalyzers. Each of these devices has its own set of benefits and limitations, and it is important to choose the right technology based on the needs and characteristics of the individual being monitored. This could include factors such as their risk level, compliance history, and personal circumstances. Another strategic consideration when it comes to electronic monitoring is the training and resource allocation of staff responsible for monitoring offenders on parole. These staff members need to have specialized knowledge and expertise in monitoring technology, risk assessment, and offender behavior. To ensure that they are well-prepared for their duties, they may require additional training and resources, such as access to expert advice and support, as well as specialized training programs. The use of discretion is another important strategic consideration when it comes to electronic monitoring for serious personal injury offenses. While the use of electronic monitoring can be an effective way to manage risk and ensure compliance, it is important to use discretion in determining when and how to impose this condition. This may involve conducting a thorough assessment of the individual's risk level and considering other factors such as their compliance history, their personal circumstances, and the severity of their offense. In terms of strategies that could be employed when dealing with this section of the Criminal Code of Canada, there are several that could be effective. These could include: 1. Developing guidelines for the use of electronic monitoring as a condition of release for serious personal injury offenses. 2. Building partnerships with other criminal justice agencies and community organizations to help identify and manage high-risk offenders. 3. Investing in research and evaluation to identify effective strategies for managing risk and promoting compliance among offenders on parole. 4. Creating a culture of collaboration and communication among staff responsible for monitoring offenders on parole, so that they can work together to identify potential issues and mitigate risk. 5. Using data analytics and other technology tools to help identify patterns and trends in offender behavior, and to make more informed decisions about when and how to impose electronic monitoring as a condition of release. Overall, effective management of serious personal injury offenses requires a thoughtful and strategic approach that takes into account the unique needs and circumstances of each individual offender. By using electronic monitoring technology in a thoughtful and strategic manner, and by investing in the necessary resources and staff training to support its use, it is possible to reduce risk and promote compliance among offenders on parole, while also protecting public safety.