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What is the Sex Offender Registry?

 

A conviction of certain sex-related criminal offences can require someone to be on the Sex Offender Registry.

A conviction of certain sex-related criminal offences can require someone to be on the Sex Offender Registry.

  • The National Sexual Offender Information Registry is a national database that contains the identity, location and other information of those found guilty of certain sex-related criminal offences in Canada.
  • Since 2004, with the passing of The Sexual Information Registry Act (SOIRA), Canadian Courts have required those found guilty of certain sex-related criminal offences be registered in a sexual offender database.
  • SOIRA requires those found guilty of certain sex-related criminal offences in Canada to report to police on a yearly bases so that they can be closely monitored.
  • SOIRA also requires these individuals to provide additional personal information as well.

What criminal offences will cause someone to be placed on the Sexual Offender Registry?

  • Certain sex-related criminal offences are designated offences, conviction of which demands that the convicted person be on the sexual offender registry.
  • Section 490.011(1) of the Criminal Code of Canada lists designated criminal offences.
  • This list is not exhaustive, as other offences may be included.
  •  sexual assault
  •  sexual interference
  •  invitation to sexual touching
  • sexual exploitation
  • incest
  •  bestiality
  • child pornography criminal offences
  •  indecent exposure

 What information is collected by the police from those placed on the Sexual Offender Registry?

The police collect information from those on the Sexual Offender Registry including their:
  • date of birth
  • current telephone number and address
  • current photograph
  • height, weight and identifying marks
  • vehicle information
  • place of employment
  • place of education
  • sex offence(s) for which the offender has been convicted.
  • Information is gathered from people placed on the Sexual Offender Registry within seven days following their release from custody, or if they are not serving a custodial sentence, then upon their release back into the community.
  • They are required to re-register on a yearly bases.
  • The must inform the police of any change address or legal name, travel plans within Canada exceeding one week.
  • Those placed on the Sex Offender Registry will be required to report for a period of ten years, twenty years or for life depending on their conviction.
  • Once on the Sex Offender Registry a individual’s information will remain forever, even once the term of reporting has expired.

Can the public access the Sex Offender Registry?

  • No the general public cannot access the information on the Sex Offender Registry.
  • The database is accessible to all police agencies within Canada for the purpose of investigating crimes.

Is it possible to avoid an order to register on the Sex Offender Registry?

  • As of April 15, 2011, Judges must order a person convicted of certain designated offences to comply with the registration provisions of SOIRA.
  • If the accused person receives  an absolute discharge or conditional discharge for a designated offence they will not be ordered to register.
  • Young offenders are not subject to the Sex Offender Registry unless, unless they are sentenced as an adult.
  • It is possible for someone to apply for termination of their registration order, for the Sex Offender Registry.
  • In these cases a judge would consider their application and potentially allow the person convicted of designated offences to end their compliance with rules and regulations of SOIRA
  • If you are facing criminal charges for sex related criminal offences, please contact Kostman and Pyzer, Barristers for legal advice.
25 Aug 2016

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