Today, the government of Canada proposed new legislation to amend the Criminal Code and the Sex Offender Information Registration Act to make the National Sex Offender Registry stronger and improve the criminal justice system’s response to victims’ needs. The proposed changes include responding to a Supreme Court decision by making changes to the automatic registration criteria for sexual offenders, empowering victims and improving the law on publication bans, requiring judges to ask prosecutors if victims want to receive information about their case after sentencing and adding new offenses for which registration with the National Sex Offender Registry may be required.
The proposed legislation is intended to respond to a decision by the Supreme Court of Canada in R. v. Ndhlovu, which found that two elements of the Criminal Code related to the National Sex Offender Registry were inconsistent with the Canadian Charter of Rights and Freedoms. Specifically, the Court struck down the provisions that required automatic registration for everyone convicted of or found not criminally responsible for a designated sexual offense and the provision requiring mandatory lifetime registration for some offenders.
Without new legislation, the National Sex Offender Registry, after October 28, 2023, will effectively cease to be operational, as it will not be possible for courts to order sexual offenders to register and comply with the Registry. The proposed legislative changes respond to the Court’s decision by making the following changes to the criteria for automatic registration on the National Sex Offender Registry:
- Automatic registration for child sex offenders sentenced to two or more years in prison when the Crown proceeds by indictment;
- Any repeat offender who has previously been convicted of a sexual offense;
- Any offender who has previously been ordered to register on the National Sex Offender Registry.
All other sexual offenders would be required to register unless they can demonstrate to the court that registering would not meet the purpose of the Registry, which is to help police prevent or investigate sexual crimes, or that registering would have a grossly disproportionate impact on them.
The proposed legislation also adds new offenses for which registration with the National Sex Offender Registry may be required, including cases of non-consensual sharing of intimate images and cases where the Crown proves that extortion was committed with the intention of committing a sexual offense (i.e., sextortion). The legislation also ensures that aggravated sexual assault against a person under 16 is no longer excluded from the list of offenses for which registration may be required.
The proposed changes to the National Sex Offender Registry also include requiring registered sex offenders who intend to travel to provide 14 days advance notice prior to their travel departure and report every address at which they will be staying during their travels. Those found not criminally responsible for mental disorders would be able to apply to be removed from the registry if they are deemed not to pose a significant risk to public safety, including their prospect of reoffending.
The proposed legislation also aims to empower victims and improve the law on publication bans. Publication bans aim to protect victims and encourage them to come forward to report their cases, but victims have diverse needs, and the criminal justice system must be flexible to ensure that victims are treated with dignity and respect. The proposed changes would amend section 486.4 of the Criminal Code to require judges to ensure that reasonable steps have been made to ask victims if they would like a publication ban before ordering one. The changes would also clarify the process for lifting a publication ban and ensure that previously published and archived information is covered by publication bans.
The proposed legislation also amends the Criminal Code to require judges to ensure that victims have been asked if they want information about their cases. Victims do not systematically receive information about the case unless they request it, and some victims may want certain types of information while others may not.
In conclusion, the proposed legislation aims to strengthen the National Sex Offender Registry and make the criminal justice system more responsive
In today’s world, technology is advancing at an unprecedented pace, and the landscape of crime is changing along with it. Therefore, having criminal codes that are reflective of these changes is crucial in ensuring that justice is served and society is protected. With the help of advancements such as artificial intelligence and machine learning, we can create criminal codes that are more accurate, efficient, and effective. These codes can address new forms of crime, such as cybercrime and digital piracy while maintaining the core principles of justice and fairness. As we continue to face new challenges in the ever-changing landscape of crime, it is imperative that our criminal codes evolve and adapt to meet these challenges. Only then can we ensure that our legal system remains effective for all.
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