If he had been convicted of murder, he would not be getting out because the only punishment for committing first or second degree murder in Canada is life imprisonment - it is a mandatory minimum sentence and there is no other possible sentence.
While he would be eligible to apply for parole at some point even if sentenced to life, with this sort of an assessment of danger to the public he would never be released - think Clifford Olsen, Paul Bernardo, Robert Pickton, etc.
There are laws and procedures to designate an accused as a dangerous or long term offender as set out in Part XXIV of the Criminal Code. In that case an indeterminate sentence can be imposed (these designations do not apply to murderers because they are already serving what amounts to an indeterminate sentence) and the dangerous or long term offender remains incarcerated until he is no longer considered a danger. The Supreme Court of Canada has found such indeterminate sentences to not be in violation of the Charter. In the facts here a Dangerous Offender desigantion would have been the most likely process. In this case applications have not been brought at his prior trials to so designate him.
A Crown attorney may present a dangerous offender application after an offender has been found guilty, but before sentencing. However, if new evidence comes to light, an application can be made up to six months after sentencing.
The initial long-term offender application must be submitted before sentencing. It cannot therefore be submitted once the offender has begun serving his or her sentence. However, a long-term offender application that has been converted from a dangerous offender application by the court may be submitted after sentencing.
For more detail see the link noted below:
The Dangerous Offender and Long-Term Offender Regime
Purpose of the Regime
The provisions applicable to offenders presenting a high risk of recidivism are set out in Part XXIV of the Criminal Code (the Code). It is important to note that these rules apply at the sentencing stage on application by the prosecutor after conviction.
The primary objective of this regime is thus to protect the public from offenders who have committed serious sexual or violent offences (except murder) and continue to pose a threat to society. A very high proportion of these criminals have committed sexual offences.
Within this very limited group, dangerous offenders are, by definition, considered more likely to reoffend than are long-term offenders. Thus, a long-term offender could, after being sentenced to a term of imprisonment of two years or more, be released under the conditions of a long-term supervision order; by contrast, unless a judge directs otherwise, a dangerous offender will have to serve a prison sentence of indeterminate length.http://www.parl.gc.c...s/prb0613-e.htm
Edited by Wetcoaster, 22 October 2012 - 05:06 PM.