This occurred at 11:30 p.m. and the local police were not answering their phone. He left a message on an answering machine, but was breached because he did not give twenty-four hours notice. He was breached a second time when he moved in with his wife because she lives across the street from a playground. L. J. has also encountered difficulties in applying for, and receiving, welfare benefits. Initially, he was designated an 'employable' person, but no one would hire him given his sex offender status and the strict conditions to which he is subject. After appealing this decision, he has been approved to receive benefits.
The reality of L. J.'s situation is undeniable: if some of his peace bond conditions are not removed, L. J. will breach again. As it stands, he cannot walk down the street without potentially passing a young child. He risks returning to jail on a daily basis and is forced to stay in his hotel room twenty-four hours a day. In effect, the peace bond provision set out in section 810.2 of the Criminal Code, to which L. J. is subject, is operating as a punitive provision. Koziebrocki and Copeland (1997) have pointed out that, given the fear of personal injury that may be inflicted upon an individual by the offender, conditions of a 810.2 bond will be restrictive at best, and at worst, incapacitative.
Canada's dangerous provisions included in the Criminal Code have also been criticized for being too broad in scope. The 'serious personal injury offence' provision allows for indeterminate confinement for any offence of violence or attempted violence. Jakimiec et al. (1986) points out that, theoretically, a person can be designated as a dangerous offender after only one conviction. While such a case would be rare, a considerable number of people could be found dangerous offenders under this scheme. Lisa Neve, a young Edmonton prostitute, best exemplifies the potential of Canada's dangerous offender legislation to cast too wide a net and designate people with few violent offences, dangerous offenders. Neve had been convicted of slashing a woman on the neck, taking another prostitute outside of the city and stranding her alone on the side of the road after cutting off and stealing her clothes, and threatening the lives of an Edmonton lawyer and his children. She also took another prisoner hostage while in custody at a Calgary young offenders centre. Lisa Neve was released from prison on July 1, 1999, after the Alberta Court of Appeal decided that her criminal record did not warrant a dangerous offender designation ("Former Dangerous Offender Freed From Prison," 1999).
Additionally, it has been argued that the potential for an indefinite sentence may prejudice the plea bargaining process (Webster & Dickens, 1983). The fear of indeterminate detention may encourage an offender to agree to a lengthy determinate sentence, regardless of whether the dangerous offender application would have been successful. If no agreement is made in the plea negotiations and the application hearing goes ahead, the court may, if it does not find the offender to be dangerous under section 753 of the Criminal Code, impose a lengthier determinate sentence than is warranted by the offence and the prior record of the accused.
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