Whitehorse Daily Star

Crown plans to apply for assessment for offender

Crown prosecutors hope to launch a process which could result in a dangerous or long-term offender designation for Chris Cornell,

By Christopher Reynolds on October 30, 2013

Crown prosecutors hope to launch a process which could result in a dangerous or long-term offender designation for Chris Cornell, convicted of attempting to murder an RCMP officer and deputy

conservation officer.

The federal prosecutor's office told the Yukon Supreme Court on Tuesday it intends to apply for an assessment to gauge whether either status is appropriate for the Whitehorse man.

A dangerous offender declaration allows the National Parole Board to keep a felon in prison for life, or to impose conditions indefinitely after release from prison.

A long-term offender may have conditions imposed for a period of up to 10 years following release.

David McWhinnie, senior counsel with the Crown, said two key steps in the process include a psychological assessment, usually by a forensic psychiatrist, and a second assessment of how likely the

individual is to reoffend or cause serious harm.

"There would be a degree of callousness there that requires a degree of extra supervision ... and that demonstrates that they present a risk to do that same kind of harm in the future,” McWhinnie said.

"(Cornell) may well be considered eligible for a long-term or a dangerous offender status.”

Just after the court session began, a woman in a camouflage jacket and ripped jeans burst into the courtroom breathless.

Linda Bonnefoy, chair of the Yukon Civil Liberties Society, began to speak across the bar from the gallery with Cornell, who sat shoeless wearing a red T-shirt, red prison slacks and glasses.

"I don't know what you're talking about, but I'm going to ask you to be quiet or I'm going to have you removed from the courtroom,” Judge Leigh Gower told her.

According to the Canadian Criminal Code, a dangerous offender designation may be apt if "the offender constitutes a threat to the life, safety or physical or mental well-being of other persons.”

A "pattern of consistent aggressive behaviour (and) a substantial degree of indifference ... respecting ... consequences” are also qualifiers.

A long-term offender declaration may be necessary "to protect society from the threat that the offender currently poses — and to do so without resort to the blunt instrument of indeterminate detention,”

according to the Code.

Cornell was found guilty of attempting to murder Haines Junction RCMP Cpl. Kim MacKellar and Shane Oakley by shooting at them during a high-speed chase on Sept. 26, 2011.

Cornell , who turns 32 today, was also found guilty of using violence and bear spray to rob Madley's General Store in Haines Junction the same day.

The court is slated to set a date to hear the Crown's case for an assessment order on Nov. 5.

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