An expert breakdown by Dhanu Dhaliwal Law Group
The rearrest of convicted sex offender Randall Hopley has reignited public concerns about Canada’s statutory release system. On May 23, 2024, Hopley was released from Mission Institution under statutory release conditions and directed to reside at a halfway house in Vancouver. He defied those conditions almost immediately, leaving the residence and triggering a Canada-wide warrant. Vancouver police arrested him later that same day.
The public outcry has been swift, and BC Premier David Eby did not mince words, saying: “I can’t fathom how he would be released again.”
To help the public understand the legal mechanisms behind this case, Rob Dhanu KC, former federal Crown prosecutor and co-founder of Dhanu Dhaliwal Law Group, joined the Jill Bennett Show on 730 CKNW to provide expert analysis. You can listen to the full interview included with this article.
“Mr. Hopley is fast becoming, it appears to be, the poster boy for what some call the revolving door of our justice system,” Rob explained.
What Is Statutory Release?
Statutory release is a legal mechanism under Canadian law that mandates an offender’s release from federal prison after serving two-thirds of their sentence. This release is not a reward for good behavior—it is a requirement baked into our current corrections system.
“The primary purpose of parole is to actually protect the public with a gradual and supervised release of individuals back to the community with conditions,” Rob stated.
Without supervision, individuals released at the end of their full sentence may pose a greater threat to public safety. Statutory release aims to reduce that risk through conditions and oversight.
The Legal Threshold: What Is an “Undue Risk”?
Many British Columbians are asking how someone with Hopley’s criminal history, including past violations, was released again.
“Mr. Hopley was released on what’s called statutory release. That means by law, he was required to be released,” Rob clarified.
Rob pointed out that the Parole Board of Canada must determine that someone poses an “undue risk” in order to prevent release. That threshold is extremely narrow—typically limited to threats of death, serious harm, or sexual offences involving children.
“There are very limited areas or factors the parole board can consider to revoke statutory release,” he added.
The Public’s Trust in Parole: Is It Broken?
Public frustration isn’t just about one case. It reflects a growing perception that the system is too lenient and out of step with community safety concerns. Hopley previously cut off an ankle monitor and was on the run for over a week in 2023.
“If you break a supervision order and are in the presence of children, isn’t that enough to revoke statutory release?” Jill Bennett asked.
Rob answered: “The issue is the language, the law, and the standard is just so high… We really need to go back to the fundamental question as to whether the language is appropriate in terms of what the public is demanding these days.”
Why Judges Aren’t Elected in Canada (And Shouldn’t Be)
As outrage builds, some politicians have floated ideas like electing judges. Rob didn’t hesitate to reject that outright.
“Leaving aside Doug Ford’s talking about electing judges, which is complete rubbish…”
“We are extremely blessed to have a relatively independent and objective and fair judicial branch,” Rob said. “Countries from Europe come to Canada to observe how our judiciary works.”
Technology Could Prevent Future Violations
One recurring question: why are ankle monitors so easy to remove?
Rob explained that the monitoring hardware is metal, but the part that secures it is often rubber or cloth—easy to cut.
“You can cut it off, yes,” he confirmed.
He pointed to Ontario as an example of proactive reform:
- Increased collection of forfeited bail money
- Violent crime bail teams working with police
- A user-pay system for ankle monitors
“We have to look at innovative solutions. Technology has advanced so much. Use these advances, pour more money into the system, and address root causes,” Rob said.
Lessons from Ontario: What BC Can Learn
Unlike calls for performative change, Ontario is implementing systems that have real potential:
“They’re creating serious violent crime bail teams. These teams have dedicated prosecutors working hand-in-hand with the police to look at prolific and repeat offenders,” Rob noted.
BC can follow suit by funding proactive monitoring and enforcement, rather than reacting after violations occur.
The Bigger Picture: Sentencing and System Complexity
Public outrage over cases like the Stanley Park assault is understandable. But as Rob pointed out, sentencing isn’t simple.
“If individuals in the public actually went to court, they’d see what a difficult job the judge has,” he explained. “We need to peel back the layers to really understand what’s going on for any given case.”
Mental health, addiction, and other contextual factors often inform sentencing decisions, even in serious cases.
FAQ: What the Public Needs to Know
What is statutory release in Canada?
A mandatory release from federal prison at two-thirds of an offender’s sentence, under supervision.
Can sex offenders be denied parole?
Only under narrow conditions. The offender must be deemed an “undue risk” to cause death, serious harm, or commit a child sex offence.
Why aren’t judges elected in Canada?
Canada prioritizes judicial independence. Electing judges could politicize the judiciary, as seen in the U.S.
Is cutting off an ankle monitor a crime?
Yes. It often triggers arrest warrants and may lead to new charges.
Final Word
Canada’s justice system isn’t perfect, but knee-jerk solutions won’t fix it. If the public wants change, the path is through Parliament and evidence-based legislation.
“There’s always room for improvement and we should improve it wherever we can,” Rob concluded.
If you have concerns about public safety or need legal advice in a criminal matter, contact Dhanu Dhaliwal Law Group today.
We provide experienced, strategic defence across British Columbia.
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