LATEST UPDATE (April 28, 2023): The justice minister’s office told Global News their initial statement on the changes to the sex offender registry was not accurate and has now provided an updated statement on who can access the list. The article has been updated to include the new statement.
The federal government is looking to strengthen its response to sexual crimes in Canada, rolling out legislation that could change who gets listed on the National Sex Offender Registry.
The registry is a way for police to stay up to date with information on convicted sex offenders across the country, and it’s intended as a tool to prevent and help investigate crimes of a sexual nature.
Canada’s Department of Justice on Wednesday laid out a series of updates for the sex offender registry in a new bill introduced before the Senate. Justice Minister David Lametti said the changes included in Bill S-12 will make the criminal justice system more responsive.
“Sexual offences are amongst the most heinous and degrading forms of violence. They have a devastating impact on survivors, who are disproportionately women and girls,” he said during a news conference in Ottawa Wednesday.
“Police must have the tools they need to investigate and bring sexual offenders to justice. Those tools also keep our communities safer by preventing further crimes.”
The proposed changes are in response to a Supreme Court of Canada decision last October, which struck down parts of the National Sex Offender Registry. In that ruling, the top court said mandatory registration of all sex offenders with more than one conviction goes too far.
But how does it actually work, and why aren’t Canadians able to see who is on it?
How does the sex offender registry work?
The sex offender registry was established in 2004 but the former Conservative government made changes in 2011 that removed prosecutorial and judicial discretion on when it should be used.
That means everyone who qualified for it was automatically required to register — and it is that aspect of the law that the top court took issue with last fall.
According to the Sex Offender Information Registration Act, sex offenders in Canada must register in most cases within seven days after being ordered to do so in a court proceeding.
The information provided by each offender includes their full name, date of birth, gender, contact details, physical description, address of educational institution, vehicle details, driver’s licence number and passport number.
Any change in information must be reported within seven days.
Canada’s Criminal Code outlines a number of designated sexual offences for which convicted offenders can be ordered to register on the list.
These include but are not limited to sexual interference, invitation to sexual touching, sexual exploitation, sexual offences against children, incest, bestiality, child pornography, parent or guardian procuring sexual activity, exposure and sexual assault.
What are the proposed changes?
The proposed legislation does not only make changes to the sex offender registry, though that is a significant part of the bill.
Under the proposed changes, serious child sex offenders, repeat sexual offenders and all others would be added automatically to the list — unless they can “demonstrate that they pose no risk to the community.”
If the bill becomes law, judges will also be required to ask victims of sexual offences whether they want a publication ban on their case.
The legislation would also clarify the process for modifying or revoking a publication ban.
Judges often impose publication bans to protect the identity of complainants in sexual offences at the request of the Crown. But the use of the bans has faced criticism over recent years for prohibiting victims from speaking how and when they want about their experiences of sexual violence.
Individuals who break a publication ban, including a victim talking about their own case to media, family or friends, can be criminally prosecuted.
“The ban is intended to safeguard victims and the people around them, but in reality it can sometimes do the exact opposite. The legislation put forward today, once passed, will ensure that survivors have a say in whether or not they want their names published,” Women, Gender Equality and Youth Minister Marci Ien said Wednesday.
“It gives them the control to tell their own stories and to do so in their own words.”
Notably, Bill S-12 is also proposing to add the non-consensual sharing of intimate images and extortion to the list of offences. This is currently not included in the registry.
In addition, it requires judges to ask victims if they want to continue receiving information about their cases after sentencing, and make sure their wishes are entered into the record of court proceedings.
The Supreme Court of Canada gave Parliament a one-year deadline to respond to the decision regarding automatic registration.
If the new legislation does not pass by Oct. 29, the courts won’t be able to order individuals to be included on the national registry.
Can you see if a sex offender lives near you?
The sex offender registry is not public and can only be accessed by Canadian police agencies.
Some international police agencies may be provided with information from the database if it meets specific criteria.
Provinces cannot make the information from the registry available to the public, but “some provinces have explored creating separate registries or notification systems to address particular safety concerns within their jurisdiction,” said Diana Ebadi, spokesperson for Lametti.
“The information contained in the National Sex Offender Registry is only accessible to police agencies through their Provincial/Territorial Sex Offender Registry Centre,” she told Global News in an email Friday.
“Police agencies must use the personal information in the database only for police purposes and as authorized by law.”
— with files from Eric Stober and The Canadian Press
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