Alberta judge designates convicted rapist Lance Blanchard as dangerous offender

Lance David Blanchard, an Alberta man convicted in a brutal June 2014 sexual assault, was designated a dangerous offender by a judge in Edmonton on Friday afternoon.

The designation means Blanchard will spend an indeterminate time in prison and may never be released.

“This is the ruling that was sought by the Crown,” Crown prosecutor Chantelle Washenfelder said after the decision was read in court. “This is a ruling that protects society from the future risk of Mr. Blanchard and we are content with that ruling.”

Blanchard’s lawyer, Tom Engel, said he was “not surprised in the slightest” by the ruling.

He said the designation means Blanchard will now be able to appeal his convictions.

“It appeared that the die was cast a long time ago for him to be DOed (designated as a dangerous offender),” the defence lawyer said. “But speaking for Mr. Blanchard, who obviously maintains that he was innocent of the charges that he was found guilty on, he’s waited a long time to be able to file a notice of appeal from those convictions. He couldn’t do so until this matter was over today and so he’ll be appealing right away.”

Engel added Blanchard was not surprised by the judge’s decision.

“It’s expected that if you have a record like that and then you’re found guilty of those offences, it’s quite likely that will happen,” Engel said.

Tweet This Click to share quote on Twitter: "It's expected that if you have a record like that and then you're found guilty of those offences, it's quite likely that will happen," Engel said.

Blanchard has a lengthy criminal record dating back to the 1970s and was most recently convicted of sexually assaulting an Indigenous woman who was jailed to ensure her testimony.

READ MORE: Alberta man convicted in brutal sexual assault loses bid for mistrial

The treatment of the victim by the justice system made national headlines last year, when it became public that a judge granted a request by the Crown to keep the woman in the Edmonton Remand Centre during the 2015 preliminary hearing for Blanchard to ensure that she would be available to testify.

The woman had to ride in the same prisoner van as her attacker on at least two occasions.

READ MORE: Alberta launches investigation after sexual assault victim jailed during hearing 

During that same preliminary hearing, the judge mistakenly called the victim by her attacker’s name before jailing and shackling her during testimony.

READ MORE: Alberta sexual assault victim mistakenly called name of attacker by judge

Blanchard was found guilty in December 2016 of aggravated sexual assault, aggravated assault, kidnapping, unlawful confinement, possession of a weapon and making a death threat in the 2014 attack.

The victim, a homeless woman in her 20s who can’t be named because of a publication ban, died in 2015 in an unrelated shooting.

READ MORE: Family angry over treatment of Alberta sexual assault victim: ‘She didn’t do anything wrong’ 

“It’s been a long, complicated prosecution but the road for the prosecution has been much, much shorter than that for the victims,” Washenfelder said, “who have suffered for over 40 years, carrying the scars of the actions of Mr. Blanchard.”

When asked what she thought of Blanchard’s ability to apply for parole down the road, Washenfelder said she is not bothered by him having that right.

“That is critical that there is a check in our system that offenders are not left to languish — that he has motivation to seek treatment.”

Tweet This Click to share quote on Twitter: "That is critical that there is a check in our system that offenders are not left to languish — that he has motivation to seek treatment."

When assessing a dangerous offender application, the court looks at the accused’s patterns of behaviour.

Reported cases show that Blanchard was convicted of rape in 1979, and sentenced to three years’ imprisonment. Court documents show he was also “guilty of the offence of confinement in respect to a person in the Penitentiary where he was serving his time.”

A 1980 appeal decision said Blanchard had been institutionalized for about 15 years and suffered from several personality defects, with doctors saying he was “dangerous” and “untreatable.”

As far back as the 1970s, Blanchard admitted he has psychiatric problems and said he unsuccessfully sought treatment.

“Ultimately, the protection of the public comes first,” Washenfelder said.

Tweet This Click to share quote on Twitter: "Ultimately, the protection of the public comes first," Washenfelder said.

“That notwithstanding, Mr. Blanchard led a tragic life… ultimately, he bears the responsibility for his actions and that if he should engage in treatment, that he is motivated to take treatment and is successful in that treatment, he can still have a life in the community.

“We do not put offenders in jail and throw away the key. But at a certain point, when your criminal record demonstrates that you are a danger to the most vulnerable victims in our community, it is now on Mr. Blanchard to justify to the National Parole Board that he can be safely managed in the community and that truly there will be no more victims.”

Retired Crown prosecutor Patricia Innes had worked on the case previously in her career and turned up at court on Friday to hear the judge’s decision.

“I’m very pleased to see the outcome of this case,” she said. “I believe justice was done today and I’m most pleased with my colleagues who finished the case as expertly and as wonderfully as they did.