The Supreme Court ruling has given parliamentarians one year to amend the law relating to compulsory registration in the register. In the case of a permanent inscription, the decision of the highest judges takes immediate effect.
Anyone who has added their name to the register since 2011 can already request a review of their status.
The Supreme Court’s ruling invalidated Stephen Harper’s government’s 2011 amendments to the Sex Offender Information Registration Act (LERTS).
Under these amendments to the Criminal Code, the registration of anyone found guilty of a sex offense was made mandatory. Being on the registry means that an offender must appear in person and provide detailed personal information, update their information every year and notify them of any changes in their work, volunteering, etc.
In addition, the Harper government’s decision ensured that the names of people convicted of more than one sex offense would be entered into this registry for life.
Hence the Supreme Court judgment invalidated the changes made in 2011.
The National Sex Offender Registry was created following its adoption in 2004 LERDS Parliament expressed concern over child trafficking and sexual abuse against them.
Under the law, a judge is responsible for deciding whether or not a prosecutor should place a sex offender on the registry.
In 2011, Parliament removed this discretionary power from the Crown and the judiciary.
However, the majority of judges of the Supreme Court ruled thus in their judgment Both provisions of the Criminal Code cannot be justified in a free and democratic society in contravention of Article 7 of the Charter of Rights and Freedoms.
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There is a violation of the right to freedom guaranteed by the Charter Because registration has important implications for the freedom of movement and the freedom to make basic choices for individuals who are not at high risk of recidivism.
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” Because of their unique characteristics, there are offenders who present a very low risk of recidivism. And, in fact, 75 to 80% of them will not reoffend. »
The Case of Eugene Nthlow
In 2015, an Alberta judge sentenced Eugene Nathlo to six months in prison and three years of probation after pleading guilty to two counts of sexually assaulting two men. The facts of which he is accused took place four years ago when the accused was 19 years old.
Mr. After reviewing Ndlovu’s background and evidence, the trial judge concluded that he was a low risk of recidivism.
However, on the National Sex Offender Registry, Mr. Nadlovu was automatically and permanently placed. He successfully challenged the ruling, arguing that the law interfered with his life, liberty or security of person for the rest of his life.
The Crown appealed the decision to the Alberta Court of Appeal, which found the rules passed by Parliament in 2011 to be constitutional.
The appeal was allowed by the Supreme Court last February.
In their decision Friday, the justices exempted Eugene Nathlow from the requirement to be placed on the sex offenders’ registry. And this, the declaration of nullity of Penal Code section 490.012 shall take effect within one year only.
Useful record for police
The Supreme Court has recalled that LERDS And the Sex Offender Register is intended to help the police prevent and investigate sex crimes.
The minority agrees with the majority that permanent registration is excessive.
However, according to them, compulsory registration was not unconstitutional and had the effect of assisting the police in their preventive and investigative work. Many judges exercised their discretion to exempt certain offenders in an apparently inappropriate manner, and the low registration rate undermined its effectiveness.
, writes Chief Justice Richard Wagner on behalf of the minority justices. In this situation he continued to say, Parliament had the right to cast a wide net
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Ottawa reads the decision
Justice Minister and Attorney General of Canada David Lametty said the government will review the decision. Committed to ensuring law enforcement has the tools necessary to prevent and investigate sex crimes
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Minister Lametti also said he approved Suffering of victims and survivors of sexual violence
The justice system must protect Canadians by respecting the Charter of Rights and Freedoms.
