Our Supreme Court struck down mandatory registration under the federal sex offender registry. Finally, we have managed to apply the same principles to Ontario’s sex offender registry. According to The Star:
“The Supremes found that “mandatory registration is overbroad, since it captures offenders who are not at an increased risk to reoffend” and automatic lifetime registration was likewise overbroad. As a result, anyone added since 2011 to the National Sex Offender Registry — which was created after the Ontario registry — could apply to have their status changed.
Parliament amended the national registry to bring it into compliance with the Charter, making mandatory registration application only to repeated offenders or those convicted of serious child sexual offences. Judges now have the discretion to exempt some offenders.
(Justice) Garg concluded the Ontario law is inconsistent with the federal law and needs overhauling.
Roberts’ lawyer, Dean Paquette, told CBC Hamilton that Garg’s ruling is “significant” and could see changes to Ontario’s sex offender registry, depending on how the appeals process plays out. “In time, the argument we have made will be adopted by higher courts and become binding.”
