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SECU Committee Report

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APPENDIX D

 

KEY DIFFERENCES BETWEEN THE ONTARIO SEX OFFENDER REGISTRY AND THE NATIONAL SEX OFFENDER REGISTRY

SUBMITTED

BY THE

ONTARIO PROVINCIAL POLICE



Key Differences between the Ontario Sex Offender Registry and the National Sex Offender Registry

 



 

Ontario Sex Offender Registry

(Christopher’s Law)

National Sex Offender Registry

(Sex Offender Information Registration Act)

Purpose

Investigative tool to aid police in preventing and solving crimes of a sexual nature. 

Tool to help police investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders.

Essential Features

   

Access by police

For crime prevention or law enforcement purposes

On reasonable grounds for investigating crimes of a sexual nature

Disclosure to public

No public access;  police services may disclose information obtained from the registry under subsection 41 (1.1) of the Police Services Act for the purpose of protecting the public or victims of crime

No public access

Who must report

Automatic registration for any resident for a criteria sex offence

Anyone subject to a court order (on application of prosecutor) for a criteria sex offence[1] if the court is satisfied that it is not grossly disproportionate to public interest

Criteria Offences

See appendix B for details

 

Reporting period

Within:

·         15 days after completion of custodial sentence or on being sentenced (non-custodial)

·         15 days after being found not criminally responsible and given an absolute or conditional discharge

Within:

·         15 days after order is made (if convicted but not given a custodial sentence)

·         15 days after receiving an absolute or conditional discharge, if found not criminally responsible

·         15 days after release from custody (pending appeal or after serving custodial sentence)

Notification of absence

15 days prior to ceasing to be a resident

Not later than 15 days if outside Canada for 15 days or more

Within 15 days upon returning to Canada

Offences/Penalties

Offenders who fail to comply with the act or provide false information under the act are liable, upon conviction, to:

·         a fine of not more than $25,000 or imprisonment for not more than one year or both (for first offence)

·         a fine of not more than $25,000 or imprisonment for not more than two years less a day or both (for a subsequent offence)

New Criminal Code offence – maximum of 6 months in prison for a first offence and up to 2 years for any subsequent offence and/or a $10,000 fine in either case

Duration of Reporting Requirement

Two tiered system that begins on first reporting date :

1.    Offenders must comply for 10 years, if the maximum sentence for the criteria offence is not more than 10 years

2.   Offenders must comply for life, if the maximum sentence is more than 10 years, or if convicted of or found not criminally responsible for more than one criteria sex offence

Three-tiered system that begins on issuance of court order (form 52):   

  1. 10 years – summary, 2 and 5 year maximum imprisonment
  2. 20 years – 10 or 14 year maximum term
  3. Life – maximum life sentence or prior sexual conviction

Review Mechanism

None

Offenders may apply for a termination order at halfway mark (5, 10 or 20 years) of their reporting obligation

Pardons

Removed from the system

Offender information removed upon receipt of H.M. Royal Prerogative or Sec. 748 Pardon

Access by Offender

Copy of information contained on the system provided on request

Copy provided upon information being collected, upon information being registered onto the database and upon request from offender

Freedom of Information

Does not apply in respect of information collected

SOIRA added to Federal Access to Information Act under Schedule 2

Vehicle Information

Offenders are required to report vehicle information during registration

No requirement to report vehicle information

Geo-mapping

OSOR registry includes maps to identify offender residences in relation to offences/incidents

No maps


 CRITERIA SEX Offences 

Christopher’s Law

Sex Offender Information Registration Act

Designated Offences:

§  Sexual offences against children outside Canada

§  Sexual interference

§  Invitation to sexual touching

§  Sexual exploitation, sexual exploitation of person with disability

§  Incest

§  Bestiality, compelling the commission and in the presence of or by a child

§  Child pornography

§  Parent or guardian procuring sexual activity

§  Luring a child by means of a computer system

§  Exposure

§  Stupefying or overpowering for the purpose of sexual intercourse

§  Living on the avails of prostitution of a person under age of eighteen (aggravated offence)

§  Obtaining prostitution of person under age of eighteen

§  Sexual assault;  sexual assault with a weapon, threats to a third party or causing bodily harm

§  Voyeurism

§  Aggravated sexual assault (asa); asa and use of a firearm

Removal of a child from Canada

Designated Offences:

§  Sexual offences against children outside Canada

§  Sexual interference

§  Invitation to sexual touching

§  Sexual exploitation, sexual exploitation of person with disability

§  Incest

§  Bestiality (1 only)

§  Child pornography

§  Parent or guardian procuring sexual activity

§  Luring a child by means of a computer system

§  Exposure

§  Stupefying or overpowering for the purpose of sexual intercourse

§  Living on the avails of prostitution of a person under age of eighteen (aggravated offence)

§  Obtaining prostitution of person under age of eighteen

§  Sexual assault;  sexual assault with a weapon, threats to a third party or causing bodily harm

§  Aggravated sexual assault; asa and use of a firearm

§  Removal of a child from Canada

As a result of the passage of Bill 16 which was proclaimed in December 2008, anyone who receives a Form 52 and resides in Ontario will be required to register with the OSOR. 

Any of the following secondary offences (if the intent was to commit a designated offence and if the prosecutor establishes intent beyond a reasonable doubt)

§  Trespassing at night

§  Murder in commission of offences

§  Manslaughter

§  Overcoming resistance to commission of offence

§  Criminal harassment

§  Kidnapping

§  Abduction of a person under 14

§  Breaking and entering with intent

§  Abduction of a person under 18

 Predecessor offences:

§  Rape

§  Attempt to commit rape

§  Indecent assault on female/male

§  Assault with intent

§  Sexual intercourse with a female under age of fourteen

§  Sexual intercourse with a female between ages of fourteen and sixteen

§  Sexual intercourse with step-daughter

§  Gross indecency

§  Parent or guardian procuring defilement

§  Householder permitting defilement

Predecessor offences:

§  Rape

§  Attempt to commit rape

§  Indecent assault on female/male

§  Assault with intent

§  Sexual intercourse with a female under age of fourteen

§  Sexual intercourse with a female between ages of fourteen and sixteen

§  Sexual intercourse with step-daughter

§  Gross indecency

§  Parent or guardian procuring defilement

§  Householder permitting defilement

Attempt or conspiracy to commit a designated sex offence

Attempt or conspiracy to commit a designated sex offence



[1] Offenders already on the OSOR are eligible to be entered onto the national database once personally served with a notification to register (form 53).  Their obligation to register begins one year after the date of service of notice to register or after an unsuccessful application is made for an exemption order, whichever is later or when an exemption order is quashed.