OTTAWA — The government moved Wednesday to change the criteria for who gets added to the national sex offenders database but repeat offenders and those convicted of serious sexual crimes against children will still be automatically required to register in the database.
A bill introduced by the government's representative in the Senate responds to a decision by the Supreme Court of Canada last year that ruled it was unconstitutional to add everyone convicted of a sexual offence to the registry.
The bill amends the Criminal Code to limit automatic registration to repeat sexual offenders, and serious child sexual offenders. Others convicted of one of the crimes listed in the law can avoid being added if they can demonstrate they do not pose a risk to the community.
It also expands the crimes covered by the registry to include the non-consensual sharing of intimate images and extortion, and will require registered sex offenders to provide 14 days' notice before travelling.
Justice Minister David Lametti said the changes will make the criminal justice system more responsive to the diverse needs of victims and survivors.
"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.
The national sex offender registry was established in 2004 but the former Conservative government made changes in 2011 which removed prosecutorial and judicial discretion on when it should be used, meaning everyone who qualified for it was automatically required to register.
It also created a mandatory lifetime registration for people convicted of multiple sex crimes as part of the same prosecution.
Last October, the Supreme Court struck down the automatic additions, saying it captured people who were not at an increased risk to reoffend. The challenge was brought forward by a man who pleaded guilty in 2015 to sexually assaulting two women at a house party in 2011.
He was sentenced to six months in jail, three years of probation and registration for life on the sexual offender registry.
Under the new law judges will have a list of factors to guide discretion in ordering a lifetime registration for people.
It also responds to a long-standing request from victims' groups to require judges to ask prosecutors if they have asked for a victim's input when seeking a publication ban.
And 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.
Judges often impose publication bans to protect the identity of complainants in sexual offences at the request of the Crown, but some victims of sexual assault say they have had to fight to control the use of their own names.
Morrell Andrews fought in court to control the use of her own name when she hoped to speak publicly about her experience with sexual assault and has been a vocal advocate on the issue since then.
"This is part of a very long journey to improve the legal system and make it more responsive to the needs of complainants of sexual offences," she said.
In December, a parliamentary committee recommended changes to the Criminal Code so victims are informed before a publication ban is imposed, so they have the ability to opt out.
NDP MP Laurel Collins was one of the leading voices in Parliament advocating for a change to the publication bans. “This decision ensures survivors have a say over publication bans. (It) is long overdue, and I’m happy to see (the) change,” she said in a statement.
Lametti said he strongly believes the new laws won't violate the Canadian Charter of Rights and will not be struck down by the Supreme Court.
"These proposed amendments today will strengthen our justice system by helping ensure victims and survivors are protected, that their rights are respected and that their voices are heard," he said.
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.
"In light of that I trust that all my parliamentary colleagues share my commitment to making sure that this situation does not happen," said Lametti. "Canadians expect us to work together and quickly to preserve the National Sex Offender Registry by passing Bill S-12."
He said he has had informal conversations with colleagues in opposing parties and is looking forward to debating the law once it is passed in the Senate.
This report by The Canadian Press was first published April 26, 2023.
David Fraser, The Canadian Press
