|
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 |
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|
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):
- 10 years – summary, 2 and 5 year maximum
imprisonment
- 20 years – 10 or 14 year maximum term
- 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 |
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 |