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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 to be registered in a sexual offender database.
SOIRA mandates those found guilty of certain sex-related criminal offences in Canada to report to police every year so that they can be closely monitored. In addition to this, these individuals are also required to provide additional personal information.
Certain sex-related criminal offences are designated offences, the 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 these designated criminal offences. However, this list is not exhaustive as other offences may be included. These offences include sexual assault, sexual interference, invitation to sexual touching, sexual exploitation, incest, bestiality, child pornography criminal offences, and indecent exposure.
The police collect various pieces of information from those placed on the Sexual Offender Registry. This information includes their date of birth, current telephone number, and address. The individual's current photograph is gathered along with specifics like height, weight, and identifying marks. The collected information also covers vehicle details, places of employment and education, and the particular sex offence(s) for which the person has been convicted.
It is mandatory for the collected information to be updated and provided to the police within seven days following the individual's release from custody or, if they are not serving a custodial sentence, upon their release back into the community.
The individuals are required to re-register annually, and they must inform the police of any changes in their address or legal name, as well as any travel plans within Canada that last for more than a week. The reporting period for those placed on the Sex Offender Registry can last for ten years, twenty years, or even for life, depending on their conviction. Importantly, even once the term of reporting has expired, an individual's information will continue to stay in the Sex Offender Registry indefinitely.
The general public is not granted access to the information on the Sex Offender Registry. However, the database is accessible to all police agencies within Canada for the purpose of investigating crimes.
Individuals convicted of certain designated offences must be ordered by judges to comply with the registration provisions of SOIRA, a law put into effect as of April 15, 2011. However, if the accused person receives an absolute discharge or conditional discharge for a designated offence, they will not be ordered to register.
Similarly, young offenders are not subject to the Sex Offender Registry unless they are sentenced as an adult. It should also be noted that someone can apply for termination of their registration order for the Sex Offender Registry.
In such scenarios, a judge would consider their application and potentially allow the person convicted of designated offences to end their compliance with the rules and regulations of SOIRA.
The National Sex Offender Registry, established under the Sexual Offender Information Registration Act (SOIRA), requires individuals convicted of certain sex-related offences in Canada to report to police annually. This includes providing personal details such as address, phone number, physical description, vehicle information, and place of employment or education.
Our criminal lawyers in Toronto can help you understand your rights, navigate the legal process, and explore possible options to challenge or limit registration requirements. Contact us today for a confidential consultation.
