Dangerous Offender Hearing to Proceed Despite Self-Represented Convict's Plea for Assistance
A Calgary judge has ruled that the dangerous offender hearing for convicted rapist Duran Ross Buffalo will proceed as scheduled next week, despite the offender's claim that he requires legal help. Justice Michele Hollins made the determination on Wednesday, expressing skepticism about Buffalo's sincerity in seeking counsel for his sentencing.
Judge Questions Sincerity of Legal Help Request
"It doesn't seem likely to me that you're going to pick up a phone and call a lawyer," Justice Hollins stated during the proceedings. She further noted that even if Buffalo were to obtain legal representation, it remained unclear whether "they would be able to get workable instructions" from him.
Crown prosecutor Matt Dalidowicz raised concerns that Buffalo might be attempting to manipulate the judicial system through malingering behavior designed to delay proceedings further. The court heard that Buffalo has been housed on remand for five years, yet has made minimal effort to secure consistent legal representation.
Background of the Conviction
Buffalo was convicted one year ago for the brutal rape of a 90-year-old woman in her assisted living residence on January 1, 2021. During his trial, Buffalo represented himself but largely refused to participate in the proceedings. Jurors deliberated for just one hour before finding him guilty of both aggravated sexual assault and break and enter.
The upcoming two-week hearing will determine whether Buffalo should be declared a dangerous offender, which could result in an indeterminate prison sentence that might keep him incarcerated for the remainder of his life.
Indigenous Background Assessment Considered
Despite denying an adjournment for Buffalo to seek counsel at this late stage, Justice Hollins acknowledged that a report examining the offender's Indigenous background could prove beneficial. A previous attempt to prepare a Gladue report failed in August when Buffalo declined to provide details about his past to the assessor.
Defence counsel Bev Broadhurst, who has been appointed as amicus to assist the court, was asked to explore the possibility of obtaining an expedited Gladue report. However, Justice Hollins emphasized that the hearing would commence next week regardless, with potential for continuation if Buffalo cooperates with the assessment process.
Sentencing Considerations
Prosecutor Dalidowicz noted that despite the case's age, Buffalo would not be approaching a time-served situation if given a fixed sentence. With five years already served on remand—equivalent to approximately seven and a half years of prison time—the prosecutor indicated that an appropriate fixed sentence would likely be in the double-digit range if Buffalo were not declared a dangerous offender.
Psychiatrist Dr. David Tano, scheduled to testify during the dangerous offender hearing, is expected to consider Buffalo's Indigenous background when assessing his future dangerousness to the public.
Justice Hollins concluded the proceedings with a firm declaration: "I'm not adjourning anything, not today," ensuring that the judicial process will move forward according to schedule despite the complexities surrounding legal representation and background assessments.
