Alberta's Court of Appeal has dismissed Leo Teskey's bid to remove his dangerous offender status.
Teskey was first convicted in 2002 of aggravated assault and sentenced as a dangerous offender, but the Supreme Court ordered a new trial.
He was again convicted and deemed a danger to the public in 2010.
Dougald Miller was walking through one of his apartment buildings when he came across Teskey sleeping in a hallway and tried to get him to leave.
Teskey then launched a vicious attack, almost ripped Miller's ear off and crushed his skull, leaving him permanently brain damaged and in need of constant care.
Teskey made several arguments before the Appeal Court, including that he was not tried and sentenced within a reasonable period of time and that delays gave the Crown's psychological witnesses more time to examine him. Several experts testified in court that Teskey is an untreatable, manipulative psychopath.
He also has a lengthy criminal record that also includes shooting and wounding an Edmonton police officer and tearing the penis of a two-year-old boy.
The Appeal Court rejected all of Teskey's claims.
"There is ... no evidence that the appellant’s psychological profile changed during the period of delay, nor is there any indication on this record that he would not have been found to be dangerous if only the sentencing hearing had been held earlier in time," the court wrote in its unanimous decision.
"Since the appellant has been sentenced to an indefinite term of imprisonment, any prejudice he may have suffered from not being given that sentence even earlier is not obvious."