An Act to amend the Criminal Code, the Sex Offender Information Registration Act (SOIGA) and the International Transfer of Offenders Act (ITOA) received Royal Assent on Thursday in Canada, thereby becoming law. The amendment seeks to strengthen the enforcement of the national sexual offender registry and comply with the Supreme Court’s judgment for the SOIGA’s violation of rights to liberty against sexual offenders.
In terms of strengthening the registry scheme, the amendment expands the Criminal Code’s coverage to allow more sexual crimes to form the basis for the court to serve the order. For instance, offenders of non-consensual distribution of intimate images may now form the basis of the registration order. By expanding the Criminal Code’s coverage, the amendment also requires sexual offenders outside of Canada to provide more information to police about their convictions and contact information. Registered offenders must also provide notice 14 days prior to their travel period. The amendment also implements a new arrest warrant scheme to empower peace officers to arrest suspects who are believed to have failed to comply with the SOIGA.
On the other hand, the amendment also seeks to comply with the Supreme Court judgment that held that the registry is unconstitutional. The court previously ruled that the requirements of mandatory registration and lifetime registration for repeated sexual offenders are unconstitutional because of their disproportionate infringements against the offenders’ right to liberty.
The amendment now limits mandatory registration to only particularly serious or repeat sexual offences. The amendment only imposes mandatory registration obligations on child-related sexual offenders and repeat sexual offenders. The law still presumes a registration requirement against other sexual offenders. However, the courts have the discretion to consider if the order would be grossly disproportionate in its effect on them or if making the order would have no connection to the purpose of helping police prevent or investigate sexual offences. In addition, lifetime registration now only applies to multiple and repeat offenders.
There are also notable amendments to publication bans that prevent the dissemination of identifying information about victims and witnesses. Upon the amendment, the court now must inform victims and underage witnesses of their right to make, vary and revoke an application for publication bans. The amendment also imposes on the Crown a duty to consult witnesses and victims if they wish to be the subject of the publication ban.
