People found guilty оf sexual offenses іn Canada are required tо register, including such offenses as sexual interference, child pornographic possession, and incest.
But іn 2022, the Supreme Court struck down parts оf this law with its Ndhlovu decision. This article explores how the updated sex offender registry seeks tо strengthen the national system while complying with that ruling.
What is the Registry?
The National Sex Offender Registry (NSOR) is an easily accessible database created and maintained by Canadian police services to expedite their investigations of sexual crimes when time is of the essence.
The National Sex Offender Registration Act (SOIRA) mandates registration by anyone convicted of specific sex offenses such as assault, sexual interference, child pornography and trafficking in human beings. Anyone found committing such offenses (assault, sexual interference, child pornography and trafficking in humans).
SOIRA provides judges with discretion to exempt individuals from registration requirements if it would have an undue impact or no longer serves the purposes of legislation. While the Supreme Court struck down certain parts of SOIRA, its registry still exists and should continue functioning until parliament makes adjustments; according to court directive, Parliament was given one year or risk losing the ability to require registration in future cases.
Who is on the Registry?
As per law, an individual is considered a sexual offender if they have been charged with one of 27 specific sexual offenses. These include rape, sexual assault, sexual contact and child pornography as well as trafficking in sex.
People convicted of these crimes must register within seven days and provide extensive personal details, such as physical descriptors such as height, weight and build. Race and any distinguishing marks or scars must also be provided as well as reporting any changes in name, address and employment and educational details.
Though not accessible by the general public, provincial police agencies and international law enforcement can gain access to this database. Members of the public may report suspicious behaviour of sexual offenders to their local police department or Crime Stoppers for investigation and further action taken as appropriate; however there can be limitations to the effectiveness of sex offender registration systems.
How Does the Registry Work?
The Sexual Offender Registry is a database designed to provide Canadian policing agencies with easily accessible information on individuals convicted of designated sexual offenses. This resource helps accelerate police investigations of sexual crimes where quickly identifying perpetrators is necessary.
At sentencing or as soon as possible after conviction of one of 27 offenses that require registration, a judge must order that person to register as soon as possible or provide personal and identifying details about himself or herself to do so. To register successfully, many details will need to be supplied in order to do so successfully.
People registered must notify authorities about changes in their status, such as employment changes or relocation, as soon as possible. Also, prior to travelling outside Canada they must inform authorities.
However, those on the registry may qualify to have their records reduced or expunged if they are first-time offenders or can provide evidence through risk analysis to demonstrate they do not pose a significant risk of reoffending.
Are There Any Limitations to the Registry’s Effectiveness?
The Sex Offender Registry is widely acknowledged by Canadians, yet often misunderstood in terms of law. The national database that houses it holds information on offenders charged with sexual crimes such as rape, sexual assault, molestation, extortion, or child pornography.
Police use the registry to monitor sexual offenders and prevent them from travelling abroad or travelling elsewhere where they could commit sex offenses. Unfortunately, its effectiveness may be limited because people who pose threats to society may never have been caught and charged with any sex-related crimes.
To address this issue, the government has proposed strengthening the registry scheme by expanding the list of Criminal Code offenses which trigger registration orders and mandating that individuals notify their movements to law enforcement as soon as they travel so policing agencies can track them more easily. These changes are anticipated to take effect in 2022.
