(1) The appellant’s background
 The appellant is a 43-year-old man of Indigenous ancestry.
As an infant, he was adopted by non-Indigenous parents, with
whom he maintained a positive relationship. When he was
approximately 15 years old, he moved out of his parent’s home
and started having contact with the criminal justice system.
 The appellant has now amassed a lengthy criminal record,
consisting of 25 youth convictions and ten adult convictions. At
the age of 20, he was convicted of sexual assault causing bodily
harm for the violent rape of a prostitute. He had taken her to
a secluded area where he had punched her, raped her anally and
vaginally, and then ejaculated into her mouth. When the sentencing
judge imposed a five-year sentence on the appellant, he observed
that the appellant “suddenly became a predator for absolutely
 While in custody for this offence, the appellant was charged
and convicted of the offence of counseling the murder of the
police officer who had investigated the sexual assault causing
bodily harm charge for which he was convicted. The sentencing
judge observed that the appellant appeared to be motivated solely
by his desire for revenge and retribution. He imposed a five-year
penitentiary sentence, consecutive to the sentence the appellant
was then serving.
 Following his release from prison, the appellant received
further convictions for uttering threats, possessing a weapon for
a dangerous purpose and assaulting a police officer. It is while
he was on probation for these offences that he committed the
(2) The predicate offences
 The appellant pleaded guilty to two counts of aggravated
sexual assault. He had failed to disclose to two women that he
was HIV-positive and transmitted the HIV virus to them through
sexual activity, thereby endangering their lives.
 The first complainant, C.C., came to know the appellant as
they spent time walking their dogs together. In early 2010, after
an evening of drinking in C.C.’s apartment, the appellant asked
her several times to have sex with him. She refused every time.
At approximately midnight, feeling ill and tired, she went to bed.
The appellant said he would sleep over on the futon in the living
room. When C.C. woke up the next morning, her vagina was sore
and she observed semen leaking out of it. After initial denials, the
appellant ultimately admitted that he had sex with her while she