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.
As a result, on October 27, 2023, Parliament passed new legislation – S-12 (44-1) – LEGISinfo – Parliament of Canada
Now, SOIRA orders are mandatory where the designated offence was prosecuted by indictment, the sentence for the designated offence is a term of imprisonment of two years or more; and the victim of the designated offence is under the age of 18 years, or the offender was already on the registry for another conviction.
In all other cases involving designated offences, they are discretionary and a SOIRA registration order should be imposed unless there would be no connection between making the order and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under that Act; or the impact of the order on the person, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
The statutory factors to consider include:
- the nature and seriousness of the designated offence;
- the victim’s age and other personal characteristics;
- the nature and circumstances of the relationship between the person and the victim;
- the personal characteristics and circumstances of the person;
- the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
- the opinions of experts who have examined the person; and
- any other factors that the court considers relevant.
Toronto Sexual Assault Lawyers
Sexual assault is a very broadly defined offence that can include anything from rape to unwanted, unsolicited, or uninvited touching of a sexual nature such as a kiss or grope.
Sexual assault trials can be complex and challenging to navigate. The evidentiary issues are complicated and difficult to understand. Lockyer Zaduk Zeeh have years of experience, successfully representing people in Toronto charged with sexual assault. Please call us at (416) 613-0416 or (416) 595-9500 or contact us at firstname.lastname@example.org for a free consultation.