The flag of the Supreme Court of Canada flies on the east flag pole in Ottawa, on Monday, Nov. 28, 2022. The federal government is preparing to introduce legislation to respond to a Supreme Court decision that struck down a law automatically adding sex offenders to a national registry. THE CANADIAN PRESS/Sean Kilpatrick
OTTAWA – A new law introduced today will change the criteria that require sexual offenders to be automatically added to a national registry that keeps track of them.
The change comes six months after the Supreme Court said it was unconstitutional to automatically add all people convicted of sexual crimes to the registry, and struck down parts of the Criminal Code that related to it.
The new law would automatically register repeat sexual offenders and those who are considered serious child sexual offenders, but others could avoid being added if they demonstrate they do not pose a risk to the community.
The Supreme Court ruling last October said the mandatory registration enacted with a change to the Criminal Code in 2011 went “overboard” because it captured people who were not at an increased risk to reoffend.
The new law would also add new entries to the list of offences that can result in someone’s registration, including the non-consensual sharing of intimate images and extortion.
It would also require judges to ask prosecutors if they have sought a victim’s input when seeking a publication ban, which has been a long-standing request of victims’ groups.
Under the new law, judges would also have to ask victims if they want to continue receiving information about their cases after sentencing, and make sure the their wishes are entered into the record of court proceedings.
This report by The Canadian Press was first published April 26, 2023.
