Law360 Canada ( January 9, 2026, 10:25 AM EST) -- Appeal by Sewap from his designation as a dangerous offender and the imposition of an indeterminate sentence. The predicate offence occurred in 2018 while Sewap was serving a four-year sentence for a prior aggravated assault. He participated in a violent group attack on another inmate, causing serious injuries. The Crown applied to have Sewap declared a dangerous offender. The judge granted that application. At the dangerous offender hearing, the Crown presented evidence of Sewap’s extensive violent criminal history, many of which occurred while incarcerated. Expert evidence from Dr. Choy assessed Sewap as suffering from alcohol and opioid use disorders, antisocial personality disorder, and likely fetal alcohol spectrum disorder. Dr. Choy concluded that Sewap posed a high risk of violent recidivism and had limited treatment prospects. Dr. Nicholaichuk, called by the defence, agreed Sewap posed a high risk but argued that with appropriate, tailored treatment, Sewap might eventually be manageable in the community. However, he acknowledged that no such treatment had yet been attempted, and its success was uncertain. Sewap argued that the judge misapplied the legal test required at the designation stage for finding that his violent behaviour was intractable and asserted that the judge reversed the burden of proof by requiring him to prove that future treatment would be successful. He also submitted that the judge failed to conduct the detailed and nuanced analysis that was necessary to give effect to the principles from R. v. Gladue (Gladue) and failed to consider his circumstances as an Indigenous person....