On October 28, 2022, the Supreme Court of Canada struck down Provisions of SOIRA (Sexual Offender Information Registry Act) in R. v. Ndhlovu, 2022 SCC 38. The majority for the Court found that ss. 490.012 and 490.013(2.1) of the Criminal Code were unconstitutional, and the provisions could not be saved pursuant to s. 1 of the Charter.
The mandatory imposition of SOIRA found in s. 490.012 of the Criminal Code was found to be unconstitutional but will take effect in 12 months. It does not apply retrospectively. Offenders who are subject to mandatory orders under s. 490.012 can obtain a personal remedy under s. 24(1) of the Charter to be removed from the registry if they can demonstrate that SOIRA’s impacts on their liberty bears no relation or is grossly disproportionate to the objective of s. 490.012.
Lifetime SOIRA orders under s. 490.013(2.1) of the Criminal Code are unconstitutional and applies retrospectively. Offenders who are subject to a lifetime order pursuant to this provision after having been convicted of more than one sexual offence without an intervening conviction can seek a s. 24(1) remedy to change the length of their registration.
If you or a loved one has any questions about the impact this ruling could have in your own criminal case, please give the lawyers of Lockyer Zaduk Zeeh a call to schedule a consultation.