The Supreme Court of Canada is seen at sunset in Ottawa, Tuesday Sept. 1, 2020. The Supreme Court of Canada has affirmed that Ontario’s sex-offender registry regime violates the constitutional rights of people found not criminally responsible by reason of mental disorder. THE CANADIAN PRESS/Adrian Wyld

The Supreme Court of Canada is seen at sunset in Ottawa, Tuesday Sept. 1, 2020. The Supreme Court of Canada has affirmed that Ontario’s sex-offender registry regime violates the constitutional rights of people found not criminally responsible by reason of mental disorder. THE CANADIAN PRESS/Adrian Wyld

Sex-offender provision unconstitutional in not criminally responsible cases: court

There is opportunity, on a case-by-case basis, for those found guilty of sexual offences to be removed or even exempted from the registry

The Supreme Court of Canada has affirmed that Ontario’s sex-offender registry regime violates the constitutional rights of people found not criminally responsible for their actions by reason of mental disorder.

The decision came Friday in the case of an Ontario man who was found not criminally responsible in June 2002 for sexually assaulting his then-wife, and other charges, due to a manic episode.

In August 2003, the Ontario Review Board ordered that he be absolutely discharged on grounds that he posed no significant risk to public safety.

Still, he was required to enter his name into the provincial sex-offender registry.

In Ontario, the law requires those who are either convicted of a sexual offence or found not criminally responsible on account of mental disorder to report to a police station to have their personal information added to the registry.

Registrants must report in person annually or when certain information changes.

There is opportunity, on a case-by-case basis, for those found guilty of sexual offences to be removed or even exempted from the registry.

However, someone found not criminally responsible for a sexual offence lacks the same avenues to be removed from the registry or exempted from reporting, even after receiving an absolute discharge from a review board.

The man, whose name is not public, argued the provincial provisions are unconstitutional because they unfairly deny someone found not criminally responsible of a sexual offence the chance to avoid being in the registry — as opposed to those who receive a discharge for the same offence under the Criminal Code.

He was at first unsuccessful in Ontario court but the Court of Appeal ruled the provisions unconstitutional, prompting the provincial attorney general to head to the Supreme Court.

In writing for a majority of the court, Justice Andromache Karakatsanis said the provincial regime draws discriminatory distinctions between people found guilty and people found not criminally responsible for sexual offences on the basis of mental disability.

Karakatsanis agreed with the Court of Appeal’s conclusion that this runs contrary to the equality guarantees in the Charter of Rights and Freedoms.

“These discriminatory distinctions cannot be justified in a free and democratic society.”

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Tourists are being asked to postpone their non-essential trips to Tofino as COVID-19 cases rise across Vancouver Island, but at least one accommodation provider is offering conflicting messaging. (Westerly file photo)
Victoria woman says Tofino Airbnb host encouraged travel despite provincial restrictions

“The only way I would get a refund is if she would be able to rebook the suite for that weekend.”

Victoria police are asking for the public’s help locating Alexander Stokes, 19. (Courtesy of VicPD)
Victoria police searching for missing teen

Police looking to ensure safety of Alexander Stokes, 19

Cory Resilient was trapped in a cycle of homelessness for about six years before applying for residency at Anawim House, a sober recovery home in Victoria. (Black Press Media File Photo)
Oak Bay Talks goes online with homelessness

Existence Project brings Cory’s Story to Oak Bay

A Victoria-based orthopedic surgeon has been reprimanded after using sexualized language during a surgical consult with a pre-teen patient. (Pixabay)
Victoria doctor fined and reprimanded for calling pre-teen patient a ‘loose woman’

Dr. Bruce Taro Yoneda admitted to using sexualized language in surgical consult

(Black Press Media file photo)
Police arrest man covered in blood on heels of significant Saanich crash into woods

Resident calls in home invasion in progress after crash

People wearing face masks to help curb the spread of COVID-19 cross a street in downtown Vancouver, on Sunday, November 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. reports 17 COVID deaths, 1,933 new cases as hospitalizations surge over the weekend

There are 277 people in hospital, of whom 59 are in ICU or critical care

Product Care offers more than <a href="http://link.mediaoutreach.meltwater.com/ls/click?upn=pDYyTceU0YgTDdsd92GohdQJsmSiPFEkcB4MdMM0Qkoqb1aJA-2By5aWklKJXV6QRdyTteNjr2FccUOVLUe4t5Zw-3D-3D1ds-_KVyBcpjXADXifSWVpM8nQcAzSm9-2B6fEFnjVrTsOcu31irDHDxi5k0QTOIWCqMXUxaNbrf0yRzXSSpROCkfx3NkUtbr65Dkcw1J0by-2F-2BDdDiJGbcfhtjHWYSs66NwakeCCLYkj20e9ICIZsLcedqNZKBhsN0sGgBsInpdzsddYikUZkmQvFdxLJhakpgAA6aAJ5ScUoWR6vO9sM819vRB-2F6x7dsdfIaWa4ZgHxR4G7hauxgSJCsNI2bP5J62EFfM0aiDqRPwUPUjt7i5-2FMqpdJxrEBewnLky-2B3lE0JAmi5UsJBkJejuLOjsndZz4b7dNgbvt6KyewKuF0sxU2rpYgkAO9YAKc9STuFJd28Qn7jE0-2FqlB8HKOvpW150NHS-2BOMBcK5rkZ8YAuPqJy11k-2BgndiKB-2FWl2icAfbWtRGJPb8fM-3D" target="_blank">150 free drop-off locations</a> in B.C. (Pixabay.com)
Recycling broken or burnt string lights can reduce holiday landfill waste

In 2019, Product Care Recycling diverted more than 11.6 million light bulbs from landfills

Helen Watson, posing for a photo for her 100th birthday, turned 105 on Saturday (Nov. 21). (File photo)
B.C. woman who survived Spanish Flu turns 105

Helen Watson has packed a lot into life – including being in two pandemics

(Black Press Media files)
B.C. to test emergency alert system on cell phones, TVs, radios on Wednesday

The alert is part of a twice yearly test of the national Alert Ready system

Prime Minister Justin Trudeau speak to the media about the COVID-19 virus outside Rideau Cottage in Ottawa, Friday, Nov. 20, 2020. THE CANADIAN PRESS/Adrian Wyld
Canada’s inability to manufacture vaccines in-house will delay distribution: Trudeau

First doses of COVID-19 vaccine expected in first few months of 2021, prime minister says

Phillip Tallio was just 17 when he was convicted of murder in 1983 (file photo)
Miscarriage of justice before B.C. teen’s 1983 guilty plea in girl’s murder: lawyer

Tallio was 17 when he pleaded guilty to second-degree murder in the death of his 22-month-old cousin

This undated photo issued by the University of Oxford shows of vial of coronavirus vaccine developed by AstraZeneca and Oxford University, in Oxford, England. Pharmaceutical company AstraZeneca said Monday Nov. 23, 2020, that late-stage trials showed its coronavirus vaccine was up to 90% effective, giving public health officials hope they may soon have access to a vaccine that is cheaper and easier to distribute than some of its rivals. (University of Oxford/John Cairns via AP)
VIDEO: How do the leading COVID vaccines differ? And what does that mean for Canada?

All three of the drug companies are incorporating novel techniques in developing their vaccines

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers at the project site in Kitimat. This is where several employees are isolating after a COVID-19 outbreak was declared last Thursday (Nov. 19). (Photo courtesy of LNG Canada)
41 positive COVID-19 cases associated with the LNG Canada site outbreak in Kitimat

Thirty-four of the 41 cases remain active, according to Northern Health

Most Read