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
- child pornography criminal offences
- indecent exposure
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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.