Crown says repeat robber Gary Iron should be re-designated a dangerous offender

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The Crown says Gary Alexander Iron should be reinstated as a dangerous offender for robbing a downtown Saskatoon clothing store after Saskatchewan’s Court of Appeal overturned a different robbery conviction that led to his first (DO) sentence.

Friday’s arguments concluded Iron’s dangerous offender hearing, which took place earlier this year at Saskatoon Court of King’s Bench.

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The Crown pursued the designation — for a second time — after Iron, 40, was convicted last summer of robbing Caswells men’s clothing store in May 2022.

At the time, he’d been previously convicted of committing four robberies between 2006 and 2014. Some included violence and weapons.

In 2019, a Saskatoon King’s Bench judge designated him a dangerous offender and sentenced him to an indeterminate prison term for robbing Bateman’s Jewelry in 2014.

Iron appealed that robbery conviction in 2021. The appeal judges found there were serious procedural flaws in obtaining eyewitness evidence, and problems with a photo lineup that Saskatoon police provided to those witnesses.

He was acquitted on appeal, which automatically overturned his DO designation and sentence.

DO hearings assess whether offenders are likely to commit future violent offences, and if so, aim to prevent those offences through either indeterminate or fixed-length sentences followed by long-term supervision orders.

Nothing less than an indeterminate sentence will protect the public from Iron, Crown prosecutor Elizabeth Addabor told court on Friday.

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She argued that the Crown has proved beyond a reasonable doubt that Iron has demonstrated a high likelihood of violent recidivism based on a pattern of offending. She noted that he hit a Caswells employee twice, leaving him with a black eye and a concussion, during a robbery committed two months after he was released from custody.

In 2019, Justice Murray Acton found that Iron’s 13 prior violent offences established a lifelong pattern of violence that could not be controlled in the community, partially because Iron committed crimes while intoxicated, but refused to stop using drugs and alcohol.

Based on expert testimony, Iron’s risk can only be reduced if there is a “total abstinence from drugs,” Addabor said, noting that Iron used drugs while in custody and while on release.

Defence lawyer Zachary Carter argued these “slip ups” by someone with addictions issues shouldn’t take away from the gains he’s made.

Addabor and Carter agreed that Iron’s substance use disorder is at the centre of his offending.

Addabor argued that his ADHD, anti-social personality disorder and cognitive function — which court heard was diminished through the use of inhalants at a young age — prevent Iron from internalizing programming.

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Carter said Iron’s disorders don’t preclude him from the benefits of treatment, pointing to a psychiatrist’s finding that he could be managed in the community if he completes certain treatment programs.

The problem is that he has a track record of failing to complete those programs, Addabor said. He either hasn’t used available programming while incarcerated, or it hasn’t translated into change, she told court.

Iron didn’t commit any violent offences while living with his father in Canoe Lake between October 2022 and June 2023, Carter pointed out as proof of his client’s improvements.

Experts testified that Iron’s risk of committing violent offences has declined, and will continue to decrease as he ages. Carter noted he didn’t use a weapon in his latest robbery.

Iron testified that he’s “more mature” now and “sick of this s**t.”

He’s saying what the courts want to hear, Addabor said, adding, “He has to make progress in order to be released.”

Opposing the DO designation, Carter argued a two- or three-year sentence going forward would give Iron enough time to complete programming. He urged Justice Brenda Hildebrandt to consider a long-term offender designation instead, which still carries a supervision order of up to 10 years.

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Hildebrandt reserved her sentencing decision until Jan. 31, 2025.

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