Details of the Canadian government's 3 strikes and you're out legislation have been released and at first glance it appears that the shifting onus and the indeterminate sentencing will make it difficult for these provisions to pass a Charter challenge. CBC reports:
The Tory government will introduce new legislation next week that would make it easier to designate criminals found guilty of a third sexual or violent crime as dangerous offenders, Prime Minister Stephen Harper said Thursday.
The bill would put the onus on a person found guilty of a third violent crime to convince a judge not to designate them a dangerous offender.
As it stands now, the Crown must show at a hearing why the individual should be declared a dangerous offender. Under the proposed legislation, the person would automatically be considered a dangerous offender and would have to prove the designation should not apply.
Harper said if the person cannot prove this, he or she will be put in prison for an indeterminate period of time and won't be eligible for parole for seven years.
The prime minister said he was convinced that the proposed law would respect the Charter and strikes the necessary balance between protecting individual rights and protecting society as a whole.
As part of the same criminal justice package, the government wants the maximum length of a peace bond doubled from 12 months to 24.

