DANGEROUS AND LONG-TERM OFFENDERS - Dangerous offender designation

Law360 Canada (January 5, 2023, 6:38 AM EST) -- Appeal by KC from his convictions and sentence for sexual assault and sexual interference. He argued the trial judge erred in finding his Canadian Charter of Rights and Freedoms (Charter), s. 11(b) rights were not breached. In addition, KC argued the judge erred in law in his interpretation and application of s. 752.1 of the Criminal Code which pertained to the designation of an assessor to perform an assessment for dangerous offender applications. KC was convicted of four counts of sexual assault and four counts of sexual interference on offences committed against his two young daughters and two young nieces. Following a hearing, KC was designated a dangerous offender and an indeterminate sentence was imposed. KC argued the one-year delay from hearing dates that were adjourned due to the assigned Crown’s unforeseen illness to the rescheduled hearing date was unreasonable. KC further submitted the trial judge erred in holding that a court designating an assessor should defer to the Crown’s choice of proposed assessor and only inquire into whether the person proposed by the Crown could perform the assessment. The respondent submitted the trial judge did not err in his s. 11(b) Charter analysis, and no unfairness resulted from the choice of assessor. Trial counsel for KC acknowledged Dr. Klassen was qualified both in the submissions about the designation of the assessor and when he was called to testify during the dangerous offender proceedings....
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