A History of Canadian Sexual Assault Legislation
1900-2000

Dangerous Offenders

Note: these provisions were originally known as the "Habitual Criminals" provisions.

An Act to amend the Criminal Code, S.C. 1947, c. 55, s. 18.

[Preventive detention of habitual criminals.]
575B. Where a person is convicted of an indictable offence committed after the commencement of this Part and subsequently the offender admits that he is or is found by a jury or a judge to be a habitual criminal, and the court passes a sentence upon the said offender, the court, if it is of the opinion that, by reason of his criminal habits and mode of life, it is expedient for the protection of the public, may pass a further sentence ordering that he be detained in a prison for an indeterminate period and such detention is hereinafter referred to as preventive detention and the person on whom such a sentence is passed shall be deemed for the purpose of this Part to be a habitual criminal.

[When a person is found to be a habitual criminal.]
575C. (1) A person shall not be found to be a habitual criminal unless the judge or jury as the case may be, finds on evidence,
        (a) that since attaining the age of eighteen years he has at least three times previously to the conviction for the crime charged in the indictment, been convicted of an indictable offence for which he was liable to at least five years' imprisonment, whether any such previous conviction was before or after the commencement of this Part, and that he is leading persistently a criminal life; or
        (b) that he has on a previous conviction been found to be a habitual criminal and sentenced to preventive detention.
    [Sufficient statement.]
    2. In any indictment under this section it shall be sufficient, after charging the crime, to state that the offender is a habitual criminal.
    [Proceedings on crime first, then enquiry as to whether offender is a habitual criminal.]
    3. In the proceedings on the indictment the offender shall in the first instance be arraigned only on so much of the indictment as charges the crime, and if on arraignment he pleads guilty or is found guilty by the judge or jury, as the case may be, unless he thereafter pleads guilty to being a habitual criminal, the judge or jury shall be charged to enquire whether or not he is a habitual criminal and in that case it shall not be necessary to swear the jury again.
    [Consent of Attorney-General of province required.]
    4. A person shall not be tried on a charge of being a habitual criminal unless
        (a) the Attorney General of the province in which the accused is to be tried consents thereto; and
        (b) not less than seven days' notice has been given by the proper officer of the court by which the offender is to be tried and the notice to the offender shall specify the previous convictions and the other grounds upon which it is intended to found the charge.

[Evidence of character and repute.]
575D. Without prejudice to the right of the accused to tender evidence as to his character and repute, evidence of character and repute may, if the court thinks fit, be admitted on the question whether the accused is or is not leading persistently a criminal life.

[Appeal.]
575E. A person convicted and sentenced to preventive detention, may appeal against his conviction and sentence, and the provisions of this Act relating to an appeal from a conviction for an indictable offence shall be applicable thereto.

[Residue of sentence may be commuted to sentence of preventive detention.]
575F. Where a person has been sentenced, whether before or after the commencement of this Part, to imprisonment of five years or upwards, and has been sentenced to preventive detention under this Part, the Crown may, at any time commute the whole or any part of the residue of the sentence to a sentence of preventive detention under this Part.

[Sentence to take effect immediately.]
575G. (1) The sentence of preventive detention shall take effect immediately on the conviction of a person on a charge that he is a habitual criminal.
    [Confinement in prison set apart.]
    (2) Persons undergoing preventive detention may be confined in a prison or part of a prison set apart for that purpose.
    [Disciplinary and reformative treatment.]
    (3) Persons undergoing preventive detention shall be subjected to such disciplinary and reformative treatment as may be prescribed by prison regulations.

[Minister of Justice to review conditions, etc.]
575H. The Minister of Justice shall, once at least in every three years during which a person is detained in custody under a sentence of preventive detention, review the condition, history and circumstances of that person with a view to determining whether he should be placed out on licence, and if so, on what conditions.

An Act to amend the Criminal Code, S.C. 1948, c. 39, s. 43.

Criminal Code, S.C. 1953-54, c. 51, ss. 660-667.

[Evidence.]
661. (1) Where an accused is convicted of
        (a) an offence under
            [Rape.]
            (i) section 136,
            [Carnal knowledge.]
            (ii) section 138,
            [Indecent assault on female.]
            (iii) section 141,
            [Buggery or bestiality.]
            (iv) section 147,
            [Indecent assault on male.]
            (v) section 148, or
            [Gross indecency.]
            (vi) section 149; or
        (b) an attempt to commit an offence under a provision mentioned in paragraph (a),
the court may, upon application, before passing sentence hear evidence as to whether the accused is a criminal sexual psychopath.
    [Evidence of psychiatrists.]
    (2) On the hearing of an application under section (1) the court may hear any evidence that it considers necessary, but shall hear the evidence of at least two psychiatrists, one of whom shall be nominated by the Attorney General.
    [Sentence of preventive detention.]
    (3) Where the court finds that the accused is a criminal sexual psychopath it shall, notwithstanding anything in this Act or any other Act of the Parliament of Canada, sentence the accused to a term of imprisonment of not less than two years in respect of the offence of which he was convicted and, in addition, impose a sentence of preventive detention.

[Notice of application.]
662. (1) The following provisions apply with respect to applications under this Part, namely,
        (a) an application under subsection (1) of section 660 shall not be heard unless
            (i) the Attorney General of the province in which the accused is to be tried consents,
            (ii) seven clear days' notice has been given to the accused by the prosecutor specifying the previous convictions and the other circumstances, if any, upon which it is intended to found the application, and
            (iii) a copy of the notice has been filed with the clerk of the court or the magistrate, as the case may be; and
        (b) an application under subsection (1) of section 661 shall not be heard unless seven clear days' notice thereof has been given to the accused by the prosecutor and a copy of the notice has been filed with the clerk of the court or with the magistrate, where the magistrate is acting under Part XVI.
    [Hearing of application.]
    (2) An application under this Part shall be heard and determined before sentence is passed for the offence of which the accused is convicted and shall be heard by the court without a jury.
    [When proof unnecessary.]
    (3) For the purposes of section 660, where the accused admits the allegations contained in the notice referred to in paragraph (b) of subsection (1), no proof of those allegations is required.

[Evidence of character and repute.]
663. Without prejudice to the right of the accused to tender evidence as to his character and repute, evidence of character and repute may, where the court thinks fit, be admitted on the question whether the accused is or is not persistently leading a criminal life or is or is not a criminal sexual psychopath, as the case may be.

[Commencement of sentence. Commutation.]
664. A sentence of preventive detention shall commence immediately upon the determination of the sentence imposed upon the accused for the offence of which he was convicted, but the Governor in Council may, at any time, commute that sentence to a sentence of preventive detention.

[Where to be served.]
665. (1) Notwithstanding anything in this Act or any other Act of the Parliament of Canada an accused who is sentenced to preventive detention shall serve in a penitentiary the sentence for the offence of which he was convicted as well as the sentence of preventive detention.
    [Prison set apart.]
    (2) An accused who is sentenced to preventive detention may be confined in a penitentiary or part of a penitentiary set apart for that purpose and shall be subject to such disciplinary and reformative treatment as may be prescribed by law.

[Review by Minister of Justice.]
666. Where a person is in custody under a sentence of preventive detention, the Minister of Justice shall, at least once in every three years, review the condition, history and circumstances of that person for the purpose of determining whether he should be permitted to be at large on licence, and if so, on what conditions.

[Appeal.]
667. (1) A person who is sentenced to preventive detention under this Part may appeal to the court of appeal against that sentence.
    [Appeal by Attorney General.]
    (2) The Attorney General may appeal to the court of appeal against the dismissal of an application for an order under this Part.
    [Part XVIII applies re appeals.]
    (3) The provisions of Part XVIII with respect to procedure on appeals apply, mutatis mutandis, to appeals under this section.

An Act to amend the Criminal Code, S.C. 1959, c. 41, s. 30.

Note: the "Habitual Criminals" provisions below were amended by different sections of the 1960-61 statute. The applicable amending sections are noted after each provision.

An Act to amend the Criminal Code, S.C. 1960-61, c. 43.

659. In this Part,
    ["Court."]
    (a) "court" means
        (i) a superior court of criminal jurisdiction, or
        (ii) a court of criminal jurisdiction;
    ["Dangerous sexual offender."]
    (b) "dangerous sexual offender" means a person who, by his conduct in any sexual matter, has shown a failure to control his sexual impulses, and who is likely to cause injury, pain or other evil to any person, through failure in the future to control his sexual impulses or is likely to commit a further sexual offence, and
    ["Preventive detention."]
    (c) "preventive detention" means detention in a penitentiary for an indeterminate period.

Note: paragraph 659(b) was repealed and replaced with the above by An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 32.

[Application for preventive detention.]
660. (1) Where an accused has been convicted of an indictable offence the court may, upon application, impose a sentence of preventive detention in lieu of any other sentence that might be imposed for the offence of which he was convicted or that was imposed for such offence, or in addition to any sentence that was imposed for such offence if the sentence has expired, if
        (a) the accused is found to be an habitual criminal, and
        (b) the court is of the opinion that because the accused is an habitual criminal, it is expedient for the protection of the public to sentence him to preventive detention.
    [Who is habitual criminal.]
    (2) For the purposes of subsection (1), an accused is an habitual criminal if
        (a) he has previously, since attaining the age of eighteen years, on at least three separate and independent occasions been convicted of an indictable offence for which he was liable to imprisonment for five years or more and is leading persistently a criminal life, or
        (b) he has been previously sentenced to preventive detention.
    [Presence of accused.]
    (3) At the hearing of an application under subsection (1), the accused is entitled to be present.

Note: the portion of subsection 660(1) preceding paragraph (a) was repealed and replaced with the above by An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 33(1). Subsection 660(3) was added by An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 33(2).

[Evidence.]
661. (1) Where an accused has been convicted of
        (a) an offence under
            [Rape.]
            (i) section 136,
            [Carnal knowledge.]
            (ii) section 138,
            [Indecent assault on female.]
            (iii) section 141,
            [Buggery or bestiality.]
            (iv) section 147,
            [Indecent assault on male.]
            (v) section 148, or
            [Gross indecency.]
            (vi) section 149; or
        (b) an attempt to commit an offence under a provision mentioned in paragraph (a),
the court shall, upon application, hear evidence as to whether the accused is a dangerous sexual offender.
    [Evidence of psychiatrists.]
    (2) On the hearing of an application under subsection (1) the court shall hear any relevant evidence, and shall hear the evidence of at least two psychiatrists, one of whom shall be nominated by the Attorney General.
    [Sentence of preventive detention.]
    (3) Where the court finds that the accused is a dangerous sexual offender it shall, notwithstanding anything in this Act or any other Act of the Parliament of Canada, impose upon the accused a sentence of preventive detention in lieu of any other sentence that might be imposed for the offence of which he was convicted or that was imposed for such offence, or in addition to any sentence that was imposed for such offence if the sentence has expired.
    [Presence of accused.]
    (4) At the hearing of an application under subsection (1), the accused is entitled to be present.

Note: section 661 was repealed and substituted with the above by An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 34.

[Notice of application.]
662. (1) The following provisions apply with respect to applications under this Part, namely,
        (a) an application under subsection (1) of section 660 shall not be heard unless
            (i) the Attorney General of the province in which the accused is to be tried consents,
            (ii) seven clear days' notice has been given to the accused by the prosecutor, either before or after conviction or sentence but within three months after the passing of sentence and before the sentence has expired, specifying the previous convictions and the other circumstances, if any, upon which it is intended to found the application, and
            (iii) a copy of the notice has been filed with the clerk of the court or the magistrate, as the case may be; and
        (b) an application under subsection (1) of section 661 shall not be heard unless seven clear days' notice thereof has been given to the accused by the prosecutor either before or after conviction or sentence but within three months after the passing of sentence and before the sentence has expired, and a copy of the notice has been filed with the clerk of the court or with the magistrate, where the magistrate is acting under Part XVI.
    [Hearing of application.]
    (2) An application under this Part shall be heard and determined by the court without a jury.
    [When proof unnecessary.]
    (3) For the purposes of section 660, where the accused admits the allegations contained in the notice referred to in paragraph (b) of subsection (1), no proof of those allegations is required.
    [Where application not heard before sentence.]
    (4) Where an application under subsection (1) of section 660 or subsection (1) of section 661 has not been heard before the accused is sentenced for the offence for which he has been convicted, the application shall not be heard by the judge or magistrate who sentenced the accused but may be heard by any other judge or magistrate who might have held or sat in the same court.
    [Prima facie evidence.]
    (5) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under this Part and to be signed by the Attorney General is prima facie evidence of such nomination or consent.

Note: subsections 662(1) and (2) were repealed and substituted with the above by An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 35(1). Subsections 662(4) and (5) were added by An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 35(2).

[Evidence of character and repute.]
663. Without prejudice to the right of the accused to tender evidence as to his character and repute, evidence of character and repute may, where the court thinks fit, be admitted on the question whether the accused is or is not persistently leading a criminal life or is or is not a dangerous sexual offender, as the case may be.

Note: section 663 was repealed and replaced with the above by An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 36.

664. [Repealed by An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 37.]

665. (1) [Repealed by An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 38.]
    [Prison set apart.]
    (2) An accused who is sentenced to preventive detention may be confined in a penitentiary or part of a penitentiary set apart for that purpose and shall be subject to such disciplinary and reformative treatment as may be prescribed by law.

[Review by Minister of Justice.]
666. Where a person is in custody under a sentence of preventive detention, the Minister of Justice shall, at least once in every year, review the condition, history and circumstances of that person for the purpose of determining whether he should be permitted to be at large on licence, and if so, on what conditions.

Note: section 666 was repealed and replaced with the above by An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 39.

[Appeal.]
667. (1) A person who is sentenced to preventive detention under this Part may appeal to the court of appeal against that sentence on any ground of law or fact or mixed law and fact.
    [Appeal by Attorney General.]
    (2) The Attorney General may appeal to the court of appeal against the dismissal of an application for an order under this Part on any ground of law.
    [Court of appeal may consider.]
    (2a) On an appeal against a sentence of preventive detention the court of appeal may
        (a) quash such sentence and impose any sentence that might have been imposed in respect of the offence for which the appellant was convicted, or
        (b) dismiss the appeal.
    [Idem.]
    (2b) On an appeal against the dismissal of an application for an order under this Part the court of appeal may
        (a) allow the appeal, set aside any sentence imposed in respect of the offence for which the respondent was convicted and impose a sentence of preventive detention, or
        (b) dismiss the appeal.
    [Effect of judgment.]
    (2c) A judgment of the court of appeal imposing a sentence pursuant to this section has the same force and effect as if it were a sentence passed by the trial court.
    [Part XVIII applies re appeals.]
    (3) The provisions of Part XVIII with respect to procedure on appeals apply, mutatis mutandis, to appeals under this section.

Note: Subsections 667(1) and (2) were repealed and replaced with subsections 667(1), (2), (2a), (2b), and (2c) by An Act to amend the Criminal Code, S.C. 1960-61, c. 43, s. 40.

Note: the "Habitual Criminal" provisions below were amended by different sections of the 1968-69 statute. The applicable amending sections are noted after each provision.

Criminal Law Amendment Act, 1968-69, S.C. 1968-1969, c. 38.

["Dangerous sexual offender."]
659. In this Part,
    ["Court."]
    (a) "court" means
        (i) a superior court of criminal jurisdiction, or
        (ii) a court of criminal jurisdiction;
    ["Dangerous sexual offender."]
    (b) "dangerous sexual offender" means a person who, by his conduct in any sexual matter, has shown a failure to control his sexual impulses, and who is likely to cause injury, pain or other evil to any person, through failure in the future to control his sexual impulses, and
    ["Preventive detention."]
    (c) "preventive detention" means detention in a penitentiary for an indeterminate period. [1960-61, c. 43, s. 32.]

Note: subsection 659(b) was repealed and replaced by the above by the Criminal Law Amendment Act, 1968-69, S.C. 1968-1969, c. 38, s. 76.

[Application for preventive detention.]
660.
[Who is habitual criminal.]
(3) [Repealed by the Criminal Law Amendment Act, 1968-69, S.C. 1968-1969, c. 38, s. 77.]

[Evidence.]
661. (1) Where an accused has been convicted of
        (a) an offence under
            [Rape.]
            (i) section 136,
            [Carnal knowledge.]
            (ii) section 138,
            [Indecent assault on female.]
            (iii) section 141,
            [Buggery or bestiality.]
            (iv) section 147,
            [Indecent assault on male.]
            (v) section 148, or
            [Gross indecency.]
            (vi) section 149; or
        (b) an attempt to commit an offence under a provision mentioned in paragraph (a),
the court shall, upon application, hear evidence as to whether the accused is a dangerous sexual offender.
    [Evidence of psychiatrists.]
    (2) On the hearing of an application under subsection (1) the court shall hear any relevant evidence, and shall hear the evidence of at least two psychiatrists, one of whom shall be nominated by the Attorney General.
    [Sentence of preventive detention.]
    (3) Where the court finds that the accused is a dangerous sexual offender it shall, notwithstanding anything in this Act or any other Act of the Parliament of Canada, impose upon the accused a sentence of preventive detention in lieu of any other sentence that might be imposed for the offence of which he was convicted or that was imposed for such offence, or in addition to any sentence that was imposed for such offence if the sentence has expired.
    (4) [Repealed by the Criminal Law Amendment Act, 1968-69, S.C. 1968-1969, c. 38, s. 78.]

[Presence of accused at hearing of application]
662A. (1) The accused shall be present at the hearing of an application under this Part and if at the time the application is to be heard
        (a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring him before the court; or
        (b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before the court and the provisions of Part XIV relating to summons and warrant are applicable mutatis mutandis.
    [Exception]
    (2) Notwithstanding subsection (1) the court may
        (a) cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible; or
        (b) permit the accused to be out of court during the whole or any part of the hearing on such conditions as the court considers proper.

Note: section 662A was added by the Criminal Law Amendment Act, 1968-69, S.C. 1968-1969, c. 38, s. 79.

[Appeal.]
667. (1) A person who is sentenced to preventive detention under this Part may appeal to the court of appeal against that sentence on any ground of law or fact or mixed law and fact. [1960-61, c. 43, s. 40.]
    [Appeal by Attorney General.]
    (2) The Attorney General may appeal to the court of appeal against the dismissal of an application for an order under this Part on any ground of law. [1960-61, c. 43, s. 40.]
    [Disposition of appeal]
    (2a) On an appeal against a sentence of preventive detention the court of appeal may
        (a) quash such sentence and impose any sentence that might have been imposed in respect of the offence for which the appellant was convicted, or order a new hearing; or
        (b) dismiss the appeal.
    [Idem.]
    (2b) On an appeal against the dismissal of an application for an order under this Part the court of appeal may
        (a) allow the appeal, set aside any sentence imposed in respect of the offence for which the respondent was convicted and impose a sentence of preventive detention, or order a new hearing; or
        (b) dismiss the appeal.
    [Effect of judgment.]
    (2c) A judgment of the court of appeal imposing a sentence pursuant to this section has the same force and effect as if it were a sentence passed by the trial court. [1960-61, c. 43, s. 40.]
    [Part XVIII applies re appeals.]
    (3) The provisions of Part XVIII with respect to procedure on appeals apply, mutatis mutandis, to appeals under this section.

Note: subsections 667(2a) and (2b) were repealed and replaced with the above by the Criminal Law Amendment Act, 1968-69, S.C. 1968-1969, c. 38, s. 80.

Criminal Code, R.S.C. 1970, c. C-46, ss. 687-695.

[Definitions]
687. In this Part
["court"]
"court" means
    (a) a superior court of criminal jurisdiction, or
    (b) a court of criminal jurisdiction;
["dangerous sexual offender"]
"dangerous sexual offender" means a person who, by his conduct in any sexual matter, has shown a failure to control his sexual impulses, and who is likely to cause injury, pain or other evil to any person, through failure in the future to control his sexual impulses;
["preventive detention"]
"preventive detention" means detention in a penitentiary for an indeterminate period. 1953-54, c. 51, s. 659; 1960-61, c. 43, s. 32; 1968-69, c. 38, s. 76.

[Application for preventive detention]
688. (1) Where an accused has been convicted of an indictable offence the court may, upon application, impose a sentence of preventive detention in lieu of any other sentence that might be imposed for the offence of which he was convicted or that was imposed for such offence, or in addition to any sentence that was imposed for such offence if the sentence has expired, if
        (a) the accused is found to be an habitual criminal, and
        (b) the court is of the opinion that because the accused is an habitual criminal, it is expedient for the protection of the public to sentence him to preventive detention.
    [Who is habitual criminal]
    (2) For the purposes of subsection (1), an accused is an habitual criminal if
        (a) he has previously, since attaining the age of eighteen years, on at least three separate and independent occasions been convicted of an indictable offence for which he was liable to imprisonment for five years or more and is leading persistently a criminal life, or
        (b) he has been previously sentenced to preventive detention. 1953-54, c. 51, s. 660; 1960-61, c. 43, s. 33; 1968-69, c. 38, s. 77.

[Evidence of sexual offence]
689. (1) Where an accused has been convicted of
        (a) an offence under section 144, 146, 149, 155, 156 or 157; or
        (b) an attempt to commit an offence under a provision mentioned in paragraph (a),
the court shall, upon application, hear evidence as to whether the accused is a dangerous sexual offender.
    [Evidence of psychiatrists]
    (2) On the hearing of an application under subsection (1) the court shall hear any relevant evidence, and shall hear the evidence of at least two psychiatrists, one of whom shall be nominated by the Attorney General.
    [Sentence of preventive detention]
    (3) Where the court finds that the accused is a dangerous sexual offender it shall, notwithstanding anything in this Act or any other Act of the Parliament of Canada, impose upon the accused a sentence of preventive detention in lieu of any other sentence that might be imposed for the offence of which he was convicted or that was imposed for such offence, or in addition to any sentence that was imposed for such offence if the sentence has expired. 1960-61, c. 43, s. 34; 1968-69, c. 38, s. 78.

[Notice of application]
690. (1) The following provisions apply with respect to applications under this Part, namely,
        (a) an application under subsection 688(1) shall not be heard unless
            (i) the Attorney General of the province in which the accused is to be tried consents,
            (ii) seven clear days notice has been given to the accused by the prosecutor, either before or after conviction or sentence but within three months after the passing of sentence and before the sentence has expired, specifying the previous convictions and the other circumstances, if any, upon which it is intended to found the application, and
            (iii) a copy of the notice has been filed with the clerk of the court or the magistrate, as the case may be; and
        (b) an application under subsection 689(1) shall not be heard unless seven clear days notice thereof has been given to the accused by the prosecutor either before or after conviction or sentence but within three months after the passing of sentence and before the sentence has expired, and a copy of the notice has been filed with the clerk of the court or with the magistrate, where the magistrate is acting under Part XVI.
    [Hearing of application]
    (2) An application under this Part shall be heard and determined by the court without a jury.
    [When proof unnecessary]
    (3) For the purposes of section 688, where the accused admits the allegations contained in the notice referred to in paragraph (1)(a), no proof of those allegations is required.
    [Where application not heard before sentence]
    (4) Where an application under subsection 688(1) or 689(1) has not been heard before the accused is sentenced for the offence for which he has been convicted, the application shall not be heard by the judge or magistrate who sentenced the accused but may be heard by any other judge or magistrate who might have held or sat in the same court.
    [Proof of nomination]
    (5) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under this Part and to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof of such nomination or consent. 1959, c. 41, s. 30; 1960-61, c. 43, s. 35; 1968-69. c. 38, s. 92.

[Presence of accused at hearing of application]
691. (1) The accused shall be present at the hearing of an application under this Part and if at the time the application is to be heard
        (a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring him before the court; or
        (b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before the court and the provisions of Part XIV relating to summons and warrant are applicable mutatis mutandis.
    [Exception]
    (2) Notwithstanding subsection (1) the court may
        (a) cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible; or
        (b) permit the accused to be out of court during the whole or any part of the hearing on such conditions as the court considers proper. 1968-69, c. 38, s. 79.

[Evidence of character and repute]
692. Without prejudice to the right of the accused to tender evidence as to his character and repute, evidence of character and repute may, where the court thinks fit, be admitted on the question whether the accused is or is not persistently leading a criminal life or is or is not a dangerous sexual offender, as the case may be. 1960-61, c. 43, s. 36.

[Prison set apart]
693. An accused who is sentenced to preventive detention may be confined in a penitentiary or part of a penitentiary set apart for that purpose and shall be subject to such disciplinary and reformative treatment as may be prescribed by law. 1953-54, c. 51, s. 665; 1960-61, c. 43, s. 38.

[Review by National Parole Board]
694. Where a person is in custody under a sentence of preventive detention, the National Parole Board shall, at least once in every year, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted parole under the Parole Act, and if so, on what conditions. 1958, c. 38, s. 24(5); 1960-61, c. 43, s. 39; 1966-67, c. 25, s. 45.

[Appeal]
695. (1) A person who is sentenced to preventive detention under this Part may appeal to the court of appeal against that sentence on any ground of law or fact or mixed law and fact.
    [Appeal by Attorney General]
    (2) The Attorney General may appeal to the court of appeal against the dismissal of an application for an order under this Part on any ground of law.
    [Disposition of appeal]
    (3) On an appeal against a sentence of preventive detention the court of appeal may
        (a) quash such sentence and impose any sentence that might have been imposed in respect of the offence for which the appellant was convicted, or order a new hearing; or
        (b) dismiss the appeal.
    [Idem]
    (4) On an appeal against the dismissal of an application for an order under this Part the court of appeal may
        (a) allow the appeal, set aside any sentence imposed in respect of the offence for which the respondent was convicted and impose a sentence of preventive detention, or order a new hearing; or
        (b) dismiss the appeal.
    [Effect of judgment]
    (5) A judgment of the court of appeal imposing a sentence pursuant to this section has the same force and effect as if it were a sentence passed by the trial court.
    [Part XVIII applies re appeals]
    (6) The provisions of Part XVIII with respect to the procedure on appeals apply, mutatis mutandis, to appeals under this section. 1953-54, c. 51, s. 667; 1960-61, c. 43, s. 40; 1968-69, c. 38, s. 80.

Note: the name of the provisions was changed from "Habitual Criminals" to "Dangerous Offenders."

Criminal Law Amendment Act, 1977, S.C. 1976-77, c. 53, s. 14.

[Application for finding]
688. Where, upon an application made under this Part following the conviction of a person for an offence but before the offender is sentenced therefor, it is established to the satisfaction of the court
    (a) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (a) of the definition of that expression in section 687 and the offender constitutes a threat to the life, safety or physical or mental well-being of other persons on the basis of evidence establishing
        (i) a pattern of repetitive behaviour by the offender, of which the offence for which he has been convicted forms a part, showing a failure to restrain his behaviour and a likelihood of his causing death or injury to other persons, or inflicting severe psychological damage upon other persons, through failure in the future to restrain his behaviour,
        (ii) a pattern of persistent aggressive behaviour by the offender, of which the offence for which he has been convicted forms a part, showing a substantial degree of indifference on the part of the offender as to the reasonably foreseeable consequences to other persons of his behaviour, or
        (iii) any behaviour by the offender, associated with the offence for which he has been convicted, that is of such a brutal nature as to compel the conclusion that his behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint, or
    (b) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (b) of the definition of that expression in section 687 and the offender, by his conduct in any sexual matter including that involved in the commission of the offence for which he has been convicted, has shown a failure to control his sexual impulses and a likelihood of his causing injury, pain or other evil to other persons through failure in the future to control his sexual impulses,
the court may find the offender to be a dangerous offender and may thereupon impose a sentence of detention in a penitentiary for an indeterminate period, in lieu of any other sentence that might be imposed for the offence for which the offender has been convicted.

[Hearing of application]
689. (1) Where an application under this Part has been made, the court shall hear and determine the application except that no such application shall be heard unless
        (a) the Attorney General of the province in which the offender was tried has, either before or after the making of the application, consented to the application;
        (b) at least seven days notice has been given to the offender by the prosecutor, following the making of the application, outlining the basis on which it is intended to found the application; and
        (c) a copy of the notice has been filed with the clerk of the court or the magistrate, as the case may be.
    [By court alone]
    (2) An application under this Part shall be heard and determined by the court without a jury.
    [When proof unnecessary]
    (3) For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred to in paragraph (1)(b), no proof of those allegations is required.
    [Proof of consent]
    (4) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under this Part and purporting to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof of that nomination or consent without proof of the signature or the official character of the person appearing to have signed the document.

[Evidence of dangerous offender status]
690. (1) On the hearing of an application under this Part, the court shall hear the evidence of at least two psychiatrists and all other evidence that, in its opinion, is relevant, including the evidence of any psychologist or criminologist called as a witness by the prosecution or the offender.
    [Nomination of psychiatrists]
    (2) One of the psychiatrists referred to in subsection (1) shall be nominated by the prosecution and one shall be nominated by the offender.
    [Nomination by court]
    (3) If the offender fails or refuses to nominate a psychiatrist pursuant to this section, the court shall nominate a psychiatrist on behalf of the offender.
    [Saving]
    (4) Nothing in this section shall be construed to enlarge the number of expert witnesses that may be called without the leave of the court or judge under section 7 of the Canada Evidence Act.

[Direction or remand for observation]
691. (1) A court to which an application is made under this Part may, by order in writing,
        (a) direct the offender in relation to whom the application is made to attend, at a place or before a person specified in the order and within a time specified therein, for observation, or
        (b) remand the offender in such custody as the court directs, for a period not exceeding thirty days, for observation,
where in its opinion, supported by the evidence of, or where the prosecutor and the offender consent, supported by the report in writing of, at least one duly qualified medical practitioner, there is reason to believe that evidence might be obtained as a result of such observation that would be relevant to the application.
    [Idem]
    (2) Notwithstanding subsection (1), a court to which an application is made under this Part may remand the offender to which that application relates in accordance with that subsection
        (a) for a period not exceeding thirty days without having heard the evidence or considered the report of a duly qualified medical practitioner where compelling circumstances exist for so doing and where a medical practitioner is not readily available to examine the offender and give evidence or submit a report; and
        (b) for a period of more than thirty but not more than sixty days where it is satisfied that observation for such a period is required in all the circumstances of the case and its opinion is supported by the evidence of, or where the prosecutor and the offender consent, by the report in writing of, at least one duly qualified medical practitioner.

[Evidence of character]
692. Without prejudice to the right of the offender to tender evidence as to his character and repute, evidence of character and repute may, if the court thinks fit, be admitted on the question whether the offender is or is not a dangerous offender.

[Presence of accused at hearing of application]
693. (1) The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard
        (a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring him before the court; or
        (b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before the court and the provisions of Part XIV relating to summons and warrant are applicable mutatis mutandis.
    [Exception]
    (2) Notwithstanding subsection (1), the court may
        (a) cause the offender to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible; or
        (b) permit the offender to be out of court during the whole or any part of the hearing on such conditions as the court considers proper.

[Appeal]
694. (1) A person who is sentenced to detention in a penitentiary for an indeterminate period under this Part may appeal to the court of appeal against that sentence on any ground of law or fact or mixed law and fact.
    [Appeal by Attorney General]
    (2) The Attorney General may appeal to the court of appeal against the dismissal of an application for an order under this Part on any ground of law.
    [Disposition of appeal]
    (3) On an appeal against a sentence of detention in a penitentiary for an indeterminate period the court of appeal may
        (a) quash such sentence and impose any sentence that might have been imposed in respect of the offence for which the appellant was convicted, or order a new hearing; or
        (b) dismiss the appeal.
    [Idem]
    (4) On an appeal against the dismissal of an application for an order under this Part the court of appeal may
        (a) allow the appeal, set aside any sentence imposed in respect of the offence for which the respondent was convicted and impose a sentence of detention in a penitentiary for an indeterminate period, or order a new hearing; or
        (b) dismiss the appeal.
    [Effect of judgment]
    (5) A judgment of the court of appeal imposing a sentence pursuant to this section has the same force and effect as if it were a sentence passed by the trial court.
    [Commencement of sentence]
    (6) Notwithstanding subsection 649(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be deemed to have commenced when the offender was sentenced by the court by which he was convicted.
    [Part XVIII applies re appeals]
    (7) The provisions of Part XVIII with respect to the procedure on appeals apply, mutatis mutandis, to appeals under this section.

[Disclosure to Solicitor General]
695. Where a court, pursuant to section 688, finds an offender to be a dangerous offender and imposes a sentence of detention in a penitentiary for an indeterminate period, the court shall order that a copy of all reports or testimony given by psychiatrists, psychologists or criminologists and any observations of the court with respect to the reasons for the sentence, together with a transcript of the trial of the dangerous offender be forwarded to the Solicitor General of Canada for his information.

[Review for parole]
695.1 (1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the National Parole Board shall, forthwith after the expiration of three years from the day on which that person was taken into custody and not later than every two years thereafter, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted parole under the Parole Act and, if so, on what conditions.
    [Idem]
    (2) Where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period that was imposed before the Criminal Law Amendment Act, 1977 came into force, the National Parole Board shall, at least once in every year, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted parole under the Parole Act and, if so, on what conditions.

An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 26.

Criminal Code, R.S.C. 1985, c. C-46, ss. 752-761.

[Application for finding]
753. Where, on an application made under this Part following the conviction of a person for an offence but before the offender is sentenced therefor, it is established to the satisfaction of the court
    (a) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (a) of the definition of that expression in section 752 and the offender constitutes a threat to the life, safety or physical or mental well-being of other persons on the basis of evidence establishing
        (i) a pattern of repetitive behaviour by the offender, of which the offence for which he has been convicted forms a part, showing a failure to restrain his behaviour and a likelihood of his causing death or injury to other persons, or inflicting severe psychological damage on other persons, through failure in the future to restrain his behaviour,
        (ii) a pattern of persistent aggressive behaviour by the offender, of which the offence for which he has been convicted forms a part, showing a substantial degree of indifference on the part of the offender respecting the reasonably foreseeable consequences to other persons of his behaviour, or
        (iii) any behaviour by the offender, associated with the offence for which he has been convicted, that is of such a brutal nature as to compel the conclusion that his behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint, or
    (b) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (b) of the definition of that expression in section 752 and the offender, by his conduct in any sexual matter including that involved in the commission of the offence for which he has been convicted, has shown a failure to control his sexual impulses and a likelihood of his causing injury, pain or other evil to other persons through failure in the future to control his sexual impulses,
the court may find the offender to be a dangerous offender and may thereupon impose a sentence of detention in a penitentiary for an indeterminate period, in lieu of any other sentence that might be imposed for the offence for which the offender has been convicted. R.S., c. C-34, s. 688; 1976-77, c. 53, s. 14.

[Hearing of application]
754. (1) Where an application under this Part has been made, the court shall hear and determine the application except that no such application shall be heard unless
        (a) the Attorney General of the province in which the offender was tried has, either before or after the making of the application, consented to the application;
        (b) at least seven days notice has been given to the offender by the prosecutor, following the making of the application, outlining the basis on which it is intended to found the application; and
        (c) a copy of the notice has been filed with the clerk of the court or the magistrate, as the case may be.
    [By court alone]
    (2) An application under this Part shall be heard and determined by the court without a jury.
    [When proof unnecessary]
    (3) For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred to in paragraph (1)(b), no proof of those allegations is required.
    [Proof of consent]
    (4) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under this Part and purporting to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof that nomination or consent without proof of the signature or the official character of the person appearing to have signed the document. R.S., c. C-34, s. 689; 1976-77, c. 53, s. 14.

[Evidence of dangerous offender status]
755. (1) On the hearing of an application under this Part, the court shall hear the evidence of at least two psychiatrists and all other evidence that, in its opinion, is relevant, including the evidence of any psychologist or criminologist called as a witness by the prosecution or the offender.
    [Nomination of psychiatrists]
    (2) One of the psychiatrists referred to in subsection (1) shall be nominated by the prosecution and one shall be nominated by the offender.
    [Nomination by court]
    (3) If the offender fails or refuses to nominate a psychiatrist pursuant to this section, the court shall nominate a psychiatrist on behalf of the offender.
    [Saving]
    (4) Nothing in this section shall be construed to enlarge the number of expert witnesses that may be called without the leave of the court or judge under section 7 of the Canada Evidence Act. R.S., c. C-34, s. 690; 1976-77, c. 53, s. 14.

[Direction or remand for observation]
756. (1) A court to which an application is made under this Part may, by order in writing,
        (a) direct the offender in relation to whom the application is made to attend, at a place or before a person specified in the order and within a time specified therein, for observation, or
        (b) remand the offender in such custody as the court directs, for a period not exceeding thirty days, for observation,
where, in its opinion, supported by the evidence of, or where the prosecutor and the offender consent, supported by the report in writing of, at least one duly qualified medical practitioner, there is reason to believe that evidence might be obtained as a result of the observation that would be relevant to the application.
    [Idem]
    (2) Notwithstanding subsection (1), a court to which an application is made under this Part may remand the offender to which that application relates in accordance with that subsection
        (a) for a period not exceeding thirty days without having heard the evidence or considered the report of a duly qualified medical practitioner where compelling circumstances exist for so doing and where a medical practitioner is not readily available to examine the offender and give evidence or submit a report; and
        (b) for a period of more than thirty but not more than sixty days where it is satisfied that observation for that period is required in all the circumstances of the case and its opinion is supported by the evidence of, or where the prosecutor and the offender consent, by the report in writing of, at least one duly qualified medical practitioner. R.S., c. C-34, s. 691; 1976-77, c. 53, s. 14.

[Evidence of character]
757. Without prejudice to the right of the offender to tender evidence respecting his character and repute, evidence of character and repute may, if the court thinks fit, be admitted on the question whether the offender is or is not a dangerous offender. R.S., c. C-34, s. 692; 1976-77, c. 53, s. 14.

[Presence of accused at hearing of application]
758. (1) The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard
        (a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring him before the court; or
        (b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before the court and the provisions of Part XVI relating to summons and warrant are applicable with such modifications as the circumstances require.
    [Exception]
    (2) Notwithstanding subsection (1), the court may
        (a) cause the offender to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible; or
        (b) permit the offender to be out of court during the whole or any part of the hearing on such conditions as the court considers proper. R.S., c. C-34, s. 693; 1976-77, c. 53, s. 14.

[Appeal]
759. (1) A person who is sentenced to detention in a penitentiary for an indeterminate period under this Part may appeal to the court of appeal against that sentence on any ground of law or fact or mixed law and fact.
    [Appeal by Attorney General]
    (2) The Attorney General may appeal to the court of appeal against the dismissal of an application for an order under this Part on any ground of law.
    [Disposition of appeal]
    (3) On an appeal against a sentence of detention in a penitentiary for an indeterminate period, the court of appeal may
        (a) quash the sentence and impose any sentence that might have been imposed in respect of the offence for which the appellant was convicted, or order a new hearing; or
        (b) dismiss the appeal.
    [Idem]
    (4) On an appeal against the dismissal of an application for an order under this Part, the court of appeal may
        (a) allow the appeal, set aside any sentence imposed in respect of the offence for which the respondent was convicted and impose a sentence of detention in a penitentiary for an indeterminate period, or order a new hearing; or
        (b) dismiss the appeal.
    [Effect of judgment]
    (5) A judgment of the court of appeal imposing a sentence pursuant to this section has the same force and effect as if it were a sentence passed by the trial court.
    [Commencement of sentence]
    (6) Notwithstanding subsection 721(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be deemed to have commenced when the offender was sentenced by the court by which he was convicted.
    [Part XXI applies re appeals]
    (7) The provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this section. R.S., c. C-34, s. 694; 1976-77, c. 53, s. 14.

[Disclosure to Solicitor General]
760. Where a court, pursuant to section 753, finds an offender to be a dangerous offender and imposes a sentence of detention in a penitentiary for an indeterminate period, the court shall order that a copy of all reports or testimony given by psychiatrists, psychologists or criminologists and any observations of the court with respect to the reasons for the sentence, together with a transcript of the trial of the dangerous offender, be forwarded to the Solicitor General of Canada for his information. R.S., c. C-34, s. 695; 1976-77, c. 53, s. 14.

[Review for parole]
761. (1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the National Parole Board shall, forthwith after the expiration of three years from the day on which that person was taken into custody and not later than every two years thereafter, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted parole under the Parole Act and, if so, on what conditions.
    [Idem]
    (2) Where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period that was imposed before October 15, 1977, the National Parole Board shall, at least once in every year, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted parole under the Parole Act and, if so, on what conditions. 1976-77, c. 53, s. 14.