Extraordinary Offenders in Our Midst: An Evaluation of an American Interpretive Solution and Its Application to Section 745(b) of Canada’s Criminal Code

Abstract

Engaging a mandatory sentencing regime based on a foreign predicate conviction is a
concept that likely will become increasingly topical as the mass exodus of people from various
countries becomes more commonplace and the general tendency toward global population
migration continues to rise. With such movements, prideful nationalistic stances are often pitted
against more realistic, but sometimes opportunistic, notions regarding the responsibilities that
come with global citizenship. In the following Article, the author will explore ex juris predicate
sentencing jurisprudence, with a particular emphasis on the offense of murder. Ultimately a
workable solution will be proposed for the Canadian legal profession born out of the American
experience.