VANCOUVER — A B.C. judge has ruled the Conservative government's changes to the dangerous-offender regime violate the charter, but it's not yet clear whether the law will be struck down.
The case involves Donald Boutilier (BOOT-lee-YEAR), who pleaded guilty to assault and robbery and now faces the possibility that he'll be declared a dangerous offender.
His lawyer challenged the law, arguing changes put into place in 2008 violate the charter because judges are no longer able to consider whether an offender can be treated.
Judge Peter Voith says the law goes too far because it removes the judges' discretion and could apply to people who won't actually pose a danger to society in the future.
A hearing is set for February to determine what will happen to the law, but Boutilier's lawyer, Gary Botting, suggests other similar cases could be delayed until a final judgment is reached.
Crown spokesman Gordon Comer says it's too early to say how the decision will impact other dangerous-offender hearings, which are not common, and no specific case has been delayed since the decision was issued late last week.
