SOIRA, an abbreviation for the Sexual Offender Information Registration Act, serves to assist police services in preventing and investigating crimes of a sexual nature. This is achieved by mandating the registration of certain information related to sex offenders.
The National Sex Offender Registry, established by SOIRA, acts as a provincial system for the reintegration of sex offenders back into the community. The information submitted includes identity-related details, such as name and aliases, date of birth, and current addresses, as well as contact information like home, personal, and business telephone and fax numbers. It also includes a current photograph, physical characteristics like height and weight, any identifying marks, vehicle details, driver's licence and passport numbers. Furthermore, vocational and educational details like the employer’s name and address, any organizations where the person volunteers, and any educational institutions are also registered.
If any change occurs in the key information, the offender is required to register it in person within seven days. Despite the depth of information, the public is denied access to the Sex Offender Registry, as its primary objective is to assist police services by providing information that aids in the investigation of sex-related crimes and monitoring and locating sex offenders within the community. However, it’s worth noting that local police chiefs hold the authority to disclose information about offenders posing a significant risk to the community under the Police Services Act.
In Ontario, the law demands mandatory registration for those convicted of sex offences in Canada who were serving a sentence when the act was proclaimed, or those convicted of a sex offence on or after the day the legislation came into effect. The range of sex offences that trigger mandatory registration includes sexual interference, invitation to sexual touching, sexual exploitation, incest, bestiality, child pornography, parent or guardian procuring sexual activity, exposure, various degrees of sexual assault, and aggravated sexual assault. Interestingly, it extends to residents of Ontario who have been pronounced not criminally responsible due to a mental disorder or young offenders adjudged for a sex offence in an adult court.
Furthermore, the required registration duration varies depending on conviction details. If one is convicted or found not criminally responsible (NCR) on account of mental disorder and the maximum sentence doesn’t exceed ten years, then the compliance time is the same. If the maximum term of imprisonment spans 10 or 14 years, compliance stretches to 20 years. If the maximum sentence is a lifetime, the subject is required to register for life.
Failing to meet the reporting requirements can lead to legal repercussions, including a fine of up to $25,000 and/or a one-year prison term for a first offence. More severe penalties apply for subsequent offences. On a different note, any person receiving a pardon for a sex offence can have their name and information expunged from the National Sex Offender Registry. Lastly, if charged or suspected in a sexual offence case, it becomes crucial to retain an experienced criminal defence lawyer.