First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
SENATE OF CANADA |
An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act
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AS PASSED
BY THE SENATE
June 22, 2023
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This enactment amends the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act to, among other things,
(a) require compliance with the Sex Offender Information Registration Act for persons who are convicted of an offence of a sexual nature against a child and for persons who have been convicted on separate occasions of two or more offences of a sexual nature;
(b) require other persons who are convicted of, or receive a verdict of not criminally responsible on account of mental disorder for, an offence of a sexual nature to comply with that Act unless a court is satisfied that doing so would have no connection to the purposes of that Act or that the impact on the person of doing so would be grossly disproportionate to those purposes;
(c) provide that an order to comply with that Act as a result of convictions, or verdicts of not criminally responsible on account of mental disorder, for two or more offences of a sexual nature that are dealt with in the same proceeding — or an obligation to comply with that Act as a result of convictions, or such verdicts, for two or more offences of a sexual nature — does not apply for life if a court is satisfied that the offences do not demonstrate a pattern of behaviour showing that the person presents an increased risk of reoffending by committing such an offence;
(d) authorize a peace officer to obtain a warrant to arrest a person who has contravened any of sections 4 to 5.1 of that Act and bring them to a registration centre to remedy that contravention; and
(e) clarify the obligations in section 6 of that Act respecting the notice that sex offenders who plan to absent themselves from their residence must provide.
The enactment also amends the Criminal Code to, among other things, codify the process for modifying and revoking publication bans, and add a requirement for sentencing courts to inquire into whether the victim of an offence would like to receive information about the administration of the offender’s sentence and, in the affirmative, provide the Correctional Service of Canada with the victim’s contact information.
Available on the Senate of Canada website at the following address: www.sencanada.ca/en |
1st Session, 44th Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
SENATE OF CANADA |
BILL S-12 |
An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act |
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
(a) an indictable offence and liable to imprisonment for a term not exceeding 10 years; or
(i) an offence under section 151, 152, 153, 153.1, 155, 160, 162, 162.1, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or
(a) as soon as feasible, inform any witness under the age of 18 years and the victim of the right to make an application for the order;
(c) if an order is made, as soon as feasible, inform the witnesses and the victim who are the subject of that order of its existence and of their right to apply to revoke or vary it.
(c) if an order is made, as soon as feasible, inform the victim of the existence of the order and of their right to apply to revoke or vary it.
(a) if the victim or witness is present, inquire of the victim or witness if they wish to be the subject of the order;
(b) if the victim or witness is not present, inquire of the prosecutor if, before the application was made, they determined if the victim or witness wishes to be the subject of the order; and
(c) in any event, advise the prosecutor of their duty under subsection (3.2).
(a) informed the victim and any witness who are the subject of the order of its existence, its effects and the circumstances in which they may disclose information that is subject to the order without failing to comply with the order;
(b) determined whether they wish to be the subject of the order; and
(c) informed them of their right to apply to revoke or vary the order.
(a) the disclosure of information is made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; or
(b) the disclosure of information is made by a person who is subject to the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by that order.
(a) the disclosure of information is made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community; or
(b) the disclosure of information is made by a person who is subject to the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by that order.
(a) if the victim, witness or justice system participant is present, inquire of them if they wish to be the subject of the order;
(b) if the victim, witness or justice system participant is not present, inquire of the prosecutor if, before the application was made, they determined whether the victim, witness or justice system participant wishes to be the subject of the order; and
(c) in any event, advise the prosecutor of their duty under subsection (8.2).
(a) informed the victims, witnesses and justice system participants who are the subject of the order of its existence, its effects and the circumstances in which they may disclose information that is subject to the order without failing to comply with the order;
(b) determined whether they wish to be the subject of the order; and
(c) informed them of their right to apply to revoke or vary the order.
(a) the person knowingly failed to comply with the order;
(b) the privacy interests of another person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person have been compromised; and
(c) a warning to the individual is not appropriate.
designated offence means a primary offence or a secondary offence. (infraction désignée)
primary offence means
(a) an offence under any of the following provisions:
(i) subsection 7(4.1) (offence in relation to sexual offences against children),
(ii) section 151 (sexual interference),
(iii) section 152 (invitation to sexual touching),
(iv) section 153 (sexual exploitation),
(v) section 153.1 (sexual exploitation of person with disability),
(vi) section 155 (incest),
(vii) subsection 160(1) (bestiality),
(viii) subsection 160(2) (compelling the commission of bestiality),
(ix) subsection 160(3) (bestiality in presence of or by a child),
(x) section 162.1 (publication, etc., of an intimate image without consent),
(xi) section 163.1 (child pornography),
(xii) section 170 (parent or guardian procuring sexual activity),
(xiii) section 171.1 (making sexually explicit material available to child),
(xiv) section 172.1 (luring a child),
(xv) section 172.2 (agreement or arrangement — sexual offence against child),
(xvi) subsection 173(2) (exposure),
(xvii) section 271 (sexual assault),
(xviii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(xix) section 273 (aggravated sexual assault),
(xx) subsection 273.3(2) (removal of a child from Canada),
(xxi) section 279.011 (trafficking — person under 18 years),
(xxii) subsection 279.02(2) (material benefit — trafficking of person under 18 years),
(xxiii) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
(xxiv) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),
(xxv) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and
(xxvi) subsection 286.3(2) (procuring — person under 18 years);
(b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:
(i) section 144 (rape),
(ii) section 145 (attempt to commit rape),
(iii) section 149 (indecent assault on female),
(iv) section 156 (indecent assault on male), and
(v) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);
(c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:
(i) section 246.1 (sexual assault),
(ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and
(iii) section 246.3 (aggravated sexual assault);
(d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:
(i) subsection 146(1) (sexual intercourse with a female under age of fourteen),
(ii) subsection 146(2) (sexual intercourse with a female between ages of fourteen and sixteen),
(iii) section 153 (sexual intercourse with step-daughter),
(iv) section 157 (gross indecency),
(v) section 166 (parent or guardian procuring defilement), and
(vi) section 167 (householder permitting defilement);
(e) an offence under any of the following provisions of this Act, as they read from time to time before December 6, 2014 :
(i) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),
(ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),
(iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and
(iv) subsection 212(4) (prostitution of person under 18 years); or
(f) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (e). (infraction primaire)
secondary offence means
(a) an offence under any of the following provisions:
(i) section 162 (voyeurism),
(ii) subsection 173(1) (indecent acts),
(iii) section 177 (trespassing at night),
(iv) section 231 (murder),
(v) section 234 (manslaughter),
(vi) paragraph 245(1)(a) (administering noxious thing with intent to endanger life or cause bodily harm),
(vii) paragraph 245(1)(b) (administering noxious thing with intent to aggrieve or annoy),
(viii) section 246 (overcoming resistance to commission of offence),
(ix) section 264 (criminal harassment),
(x) section 279 (kidnapping),
(xi) section 279.01 (trafficking in persons),
(xii) subsection 279.02(1) (material benefit — trafficking),
(xiii) subsection 279.03(1) (withholding or destroying documents — trafficking),
(xiv) section 280 (abduction of a person under age of sixteen),
(xv) section 281 (abduction of a person under age of fourteen),
(xvi) subsection 286.1(1) (obtaining sexual services for consideration),
(xvii) subsection 286.2(1) (material benefit from sexual services),
(xviii) subsection 286.3(1) (procuring),
(xix) section 346 (extortion),
(xx) paragraph 348(1)(d) (breaking and entering a dwelling house with intent to commit an indictable offence),
(xxi) paragraph 348(1)(d) (breaking and entering a dwelling house and committing an indictable offence),
(xxii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and
(xxiii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house and committing an indictable offence); or
(b) an attempt or conspiracy to commit an offence referred to in paragraph (a). (infraction secondaire)
(a) the designated offence was prosecuted by indictment;
(b) the sentence for the designated offence is a term of imprisonment of two years or more; and
(c) the victim of the designated offence is under the age of 18 years.
(a) was previously convicted of a primary offence or previously convicted under section 130 of the National Defence Act in respect of a primary offence; or
(b) is or was, as a result of a conviction, subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
(a) there would be no connection between making the order and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under that Act; or
(b) the impact of the order on the person, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
(a) the nature and seriousness of the designated offence;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court considers relevant.
(a) subject to subsections (3) and (5), ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
(b) subject to subsections (3) and (5), ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and
(a) in the same proceeding, the person has been convicted of, or a verdict of not criminally responsible on account of mental disorder is rendered for, two or more designated offences in connection with which an order under any of subsections 490.012(1) to (3) may be made; and
(b) the court is satisfied that those offences demonstrate, or form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.
(a) was previously convicted of, or previously received a verdict of not criminally responsible on account of mental disorder for, a primary offence or an offence under section 130 of the National Defence Act in respect of a primary offence; or
(b) is, or was at any time, the subject of an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
(a) state the designated offence, and the term of imprisonment imposed for it, that form the basis of an order made under subsection 490.012(1); and
(b) give reasons for a decision under subsection 490.012(3) or paragraph 490.013(3)(b).
(a) shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so;
(b) retains jurisdiction over the matter;
(c) may require the person to appear at the hearing by videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel; and
(d) may issue a summons in Form 6.3 to compel the attendance of the person at the hearing.
(a) dismiss the appeal; or
(b) allow the appeal and order a new hearing, quash or amend the order or make an order that may be made under section 490.012.
(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or in any of subsections 490.013(3), (5) or (6).
(a) there would be no connection between continuing an order or obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
(b) the impact on the person of continuing an order or obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
(a) the nature and seriousness of the offence that is the basis of an order or obligation;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court considers relevant.
(iv) the Commissioner of the Royal Canadian Mounted Police and, if there is a provincial police service that is responsible for the registration of information under the Sex Offender Information Registration Act in the province in which the court makes the order, the head of that police service.
(a) there would be no connection between continuing the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
(b) the impact on the person of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
(a) the nature and seriousness of the offence that is the basis of the obligation;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court considers relevant.
(d) applies for life if, on April 15, 2011 or before or after that day, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence outside Canada that is, in the opinion of the Attorney General of the province or minister of justice of the territory, equivalent to an offence referred to in paragraph (a) of the definition primary offence in subsection 490.011(1) and if more than one of those offences is listed in the notice.
(a) they were not convicted of or found not criminally responsible on account of mental disorder for or were acquitted of the offence in question;
(b) the offence in question is not equivalent to an offence referred to in paragraph (a) of the definition primary offence in subsection 490.011(1);
(c) there is no connection between the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
(d) the impact of the obligation on the person, including on their privacy or liberty, is grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
(a) the nature and seriousness of the offence that is the basis of the obligation;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court considers relevant.
(a) the obligation applies for life under paragraph 490.02904(3)(d); and
(b) none of the offences in question listed in the notice have an equivalent offence with a maximum term of imprisonment for life provided for in Canadian law.
(a) dismiss the appeal; or
(b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 490.02905(2) or (2.2) or 490.029051(2).
(a) there would be no connection between continuing the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
(b) the impact on the person of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
(a) the nature and seriousness of the offence that is the basis of the obligation;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court considers relevant.
(a) their name, date of birth, gender, address and telephone number in Canada; and
(b) to the best of their knowledge,
(i) the offence for which they were convicted or found not criminally responsible,
(ii) the country — and, if applicable, the province, state, territory or municipality in that country — in which the offence was committed,
(iii) the day on which the offence was committed,
(iv) the day on which they were convicted of the offence or found not criminally responsible for it, and
(v) if different from the day on which they were convicted of the offence, the day on which the sentence was imposed.
(a) there is no connection between the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
(b) the impact of the obligation on the person, including on their privacy or liberty, is grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
(a) the nature and seriousness of the offence that is the basis of the obligation;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court considers relevant.
(a) the obligation applies for life under subsection 36.2(3) of that Act; and
(b) none of the offences in question listed in the Form 1 referred to in subparagraph 8(4)(a)(ii) of that Act have an equivalent criminal offence with a maximum term of imprisonment for life provided for in Canadian law.
(a) dismiss the appeal; or
(b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 490.029111(2) or section 490.029112.
(a) there would be no connection between continuing the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
(b) the impact of continuing the obligation on the person, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
(a) the nature and seriousness of the offence that is the basis of the obligation;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court considers relevant.
(b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under section 490.016, 490.023, 490.027, 490.02905, 490.029051, 490.02909, 490.029111, 490.029112, 490.02913, 490.04 or 490.05 or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under section 490.012 or 490.013.
(a) an order made under section 490.012 on or after April 15, 2011 but before the day on which this paragraph comes into force; or
(b) an obligation under section 490.02901, or under section 36.1 of the International Transfer of Offenders Act, that began before the day on which this paragraph comes into force.
(a) a superior court of criminal jurisdiction, if the application is made under paragraph (1)(a) in respect of an order made by such a court; or
(b) a court of criminal jurisdiction, in any other case.
(a) the designated offence that is the basis of the order made under section 490.012 was prosecuted by indictment, the sentence for that offence is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years; or
(b) before or after the order under section 490.012 was made, the person
(i) was convicted of a primary offence — or convicted of an offence under section 130 of the National Defence Act in respect of a primary offence — that is not the offence on the basis of which the order was made, or
(ii) is or was, as a result of a conviction, subject to another order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
(a) there was no connection between the order or obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
(b) the impact of the order or the obligation on the person, including on their privacy or liberty, was grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.
(a) the nature and seriousness of the offence that is the basis of the order or obligation;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court considers relevant.
(a) an order made under section 490.012, if the order applies for life under subsection 490.013(2.1), as it read from time to time before the day on which this paragraph comes into force;
(b) an obligation under section 490.019, if the obligation applies for life under paragraph 490.022(3)(d) and none of the offences listed in the notice in Form 53 served on the person in respect of the obligation have a maximum term of imprisonment for life;
(c) an obligation under section 490.02901, if the obligation applies for life under paragraph 490.02904(3)(d), the obligation began before the day on which this paragraph comes into force and the condition set out in paragraph 490.029051(1)(b) is met; or
(d) an obligation under section 36.1 of the International Transfer of Offenders Act, if the obligation applies for life under subsection 36.2(3) of that Act, the obligation began before the day on which this paragraph comes into force and the condition set out in paragraph 490.029112(1)(b) is met.
(a) a superior court of criminal jurisdiction, if the application is made under paragraph (1)(a) in respect of an order made by such a court; or
(b) a court of criminal jurisdiction, in any other case.
(a) subsection 490.013(2) to the offence in question with the longest maximum term of imprisonment, in the case of an order under section 490.012;
(b) paragraphs 490.022(3)(a) and (b) to the offence in question with the longest maximum term of imprisonment, in the case of an obligation under section 490.019;
(c) paragraphs 490.02904(3)(a) and (b) to the offence in question whose equivalent offence has the longest maximum term of imprisonment provided for in Canadian law, in the case of an obligation under section 490.02901; and
(d) paragraphs 36.2(2)(a) and (b) of the International Transfer of Offenders Act to the offence in question whose equivalent criminal offence has the longest maximum term of imprisonment provided for in Canadian law, in the case of an obligation under section 36.1 of that Act.
(a) dismiss the appeal; or
(b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 490.04(5) or section 490.05.
(a) the disclosure of information is made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;
(b) the disclosure of information is made by a person who is subject to the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by that order; or
(c) the disclosure of information is made by the victim or witness when the purpose of the disclosure is not one of making the information known to the public.
Canada,
Province of
(territorial division)
To (name of person), of , born on (date of birth):
Because on (date) at (hour) at (place) a sentence was imposed on you — or a verdict of not criminally responsible on account of mental disorder was rendered in respect of you — for a primary offence and the court did not, at the time the sentence was imposed or the verdict was rendered, consider whether an order to comply with the Sex Offender Information Registration Act should be made under any of subsections 490.012(1) to (3) of the Criminal Code;
You are ordered, in His Majesty’s name, to appear on (date) at (hour) at (place) for the purposes of considering whether an order should be made under any of subsections 490.012(1) to (3) of the Criminal Code in respect of the primary offence for which the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered.
You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear as required in this summons.
If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
Signed on (date), at (place).
(Signature of judge, justice or clerk of the court)
(Name of the judge or justice)
Canada
Province of
(territorial division)
To the peace officers in (territorial division):
This warrant is issued for the arrest of (name of person), of , born on (date of birth).
Whereas (name of person) contravened a requirement, under the Criminal Code or another Act of Parliament, to comply with sections 4 to 5.1 of the Sex Offender Information Registration Act;
This is, therefore, to command you, in His Majesty’s name, to arrest (name of person) without delay in order to bring them to a registration centre, as defined in subsection 3(1) of the Sex Offender Information Registration Act, to remedy any contravention of any of sections 4 to 5.1 of that Act.
Signed on (date), at (place).
(Signature of justice)
(Name of the justice who has issued this warrant)
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you as the result of the commission of an offence, as well as a description of the impact of the offence on you. You may attach additional pages if you need more space.
Your statement must not include
• any statement about the offence or the offender that is not relevant to the harm or loss you suffered;
• any unproven allegations;
• any comments about any offence for which the offender was not convicted;
• any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or
• except with the court’s approval, an opinion or recommendation about the sentence.
You may present a detailed account of the impact the offence has had on your life. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.
Emotional impact
Describe how the offence has affected you emotionally. For example, think of
• your lifestyle and activities;
• your relationships with others such as your spouse, family and friends;
• your ability to work, attend school or study; and
• your feelings, emotions and reactions as they relate to the offence.
Physical impact
Describe how the offence has affected you physically. For example, think of
• ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;
• hospitalization or surgery you have had because of the offence;
• treatment, physiotherapy or medication you have been prescribed;
• the need for any further treatment or the expectation that you will receive further treatment; and
• any permanent or long-term disability.
Economic impact
Describe how the offence has affected you financially. For example, think of
• the value of any property that was lost or damaged and the cost of repairs or replacement;
• any financial loss due to missed time from work;
• the cost of any medical expenses, therapy or counselling;
• any costs or losses that are not covered by insurance.
Please note that this is not an application for compensation or restitution.
Fears for security
Describe any fears you have for your security or that of your family and friends. For example, think of
• concerns with respect to contact with the offender; and
• concerns with respect to contact between the offender and members of your family or close friends.
Drawing, poem or letter
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on you.
□ I would like to present my statement in court.
□ I would like to receive information respecting the sentence imposed on the offender and its administration.
To the best of my knowledge, the information contained in this statement is true.
Dated this day of 20 , at .
Signature of declarant
If you completed this statement on behalf of the victim, please indicate the reasons why you did so and the nature of your relationship with the victim.
Dated this day of 20 , at .
Signature of declarant
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you arising from the conduct for which the accused person was found not criminally responsible on account of mental disorder, as well as a description of the impact that the conduct has had on you. You may attach additional pages if you need more space.
Your statement must not include
• any statement about the conduct of the accused that is not relevant to the harm or loss suffered by you;
• any unproven allegations;
• any comments about any conduct for which the accused was not found not criminally responsible;
• any complaint about any individual, other than the accused, who was involved in the investigation or prosecution of the offence; or
• except with the court’s or Review Board’s approval, an opinion or recommendation about the disposition.
The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.
Emotional impact
Describe how the accused’s conduct has affected you emotionally. For example, think of
• your lifestyle and activities;
• your relationships with others such as your spouse, family and friends;
• your ability to work, attend school or study; and
• your feelings, emotions and reactions as these relate to the conduct.
Physical impact
Describe how the accused’s conduct has affected you physically. For example, think of
• ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;
• hospitalization or surgery you have had because of the conduct of the accused;
• treatment, physiotherapy or medication you have been prescribed;
• the need for any further treatment or the expectation that you will receive further treatment; and
• any permanent or long-term disability.
Economic impact
Describe how the accused’s conduct has affected you financially. For example, think of
• the value of any property that was lost or damaged and the cost of repairs or replacement;
• any financial loss due to missed time from work;
• the cost of any medical expenses, therapy or counselling; and
• any costs or losses that are not covered by insurance.
Please note that this is not an application for compensation or restitution.
Fears for security
Describe any fears you have for your security or that of your family and friends. For example, think of
• concerns with respect to contact with the accused; and
• concerns with respect to contact between the accused and members of your family or close friends.
Drawing, poem or letter
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused’s conduct has had on you.
□ I would like to read or present my statement (in court or before the Review Board).
□ I would like to receive information respecting any hearings held to make or review a disposition in respect of the accused.
□ I would like to receive information respecting any disposition made in respect of the accused.
□ If the accused is discharged absolutely or conditionally, I would like to receive notice of that discharge and of the accused’s intended place of residence.
To the best of my knowledge, the information contained in this statement is true.
Dated this day of 20 , at .
Signature of declarant
2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(3), (5) or (6) of the Criminal Code applies, for life).
Because, on (date), you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) in (location of offence(s)) that the Attorney General of the province, or the minister of justice of the territory, has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of the Criminal Code), an offence (or offences) referred to in paragraph (a) of the definition primary offence in subsection 490.011(1) of the Criminal Code;
2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of years after the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence (or if paragraph 490.02904(3)(c) or (d) of the Criminal Code applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) that the Attorney General of the province, or the minister of justice of the territory, has identified as equivalent to (description of offence(s)) under (applicable offence provision(s) of the Criminal Code), an offence (or offences) referred to in paragraph (a) of the definition primary offence in subsection 490.011(1) of the Criminal Code) or for any shorter period determined under subsection 490.02904(2) of the Criminal Code.
6.1 You have the right to apply to a court to vary the duration of the obligation to comply with the Sex Offender Information Registration Act if the obligation applies for life because you were convicted or found not criminally responsible on account of mental disorder for more than one offence, and you have the right to appeal the decision of that court.
2004, c. 10
(a) at least 14 days before the sex offender’s departure — of the dates of their departure and return and of every address or, if the address is unknown, every location at which they expect to stay in Canada or outside Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;
(b) within seven days after their departure — of the date of their return and of every address or, if the address is unknown, every location at which they are staying in Canada or outside Canada — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a); and
(a) at least 14 days before the sex offender’s departure — of the dates of their departure and return and of every address or, if the address is unknown, every location at which they expect to stay in Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;
(b) at least 14 days before their departure — of the dates of their departure and return and of every address or, if the address is unknown, every location at which they expect to stay outside Canada;
(c) within seven days after their departure — of the date of their return and of every address or, if the address is unknown, every location at which they are staying in Canada — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a);
(d) without delay, after their departure — of the date of their return and of every address or, if the address is unknown, every location at which they are staying outside Canada — if they decide, after departure, to extend their stay beyond the date of return that they indicated in the notification they gave under paragraph (b) or if they have not given a notification under paragraph (b); and
(c) the person who is subject to the order is granted an exemption order under subsection 490.04(5) of the Criminal Code or on an appeal from a decision made under that subsection.
(c) the person who is subject to the obligation is granted an exemption order under subsection 490.023(2), 490.02905(2), 490.029111(2) or 490.04(5) of the Criminal Code or subsection 227.1(4) of the National Defence Act or on an appeal from a decision made under that subsection.
(b) a member or employee of, or a person retained by, a police service in the province in which a sex offender’s main residence is located who consults the information to verify compliance by the sex offender with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act;
(i.1) to enable them to verify the sex offender’s compliance with section 5,
(iv) to enable them to obtain a warrant under subsection 490.03121(1) of the Criminal Code and execute the warrant;
(f.1) unless the disclosure is to a prosecutor, judge or justice in a proceeding relating to an application for a warrant referred to in subparagraph (c)(iv), and the information is relevant to the application;
2004, c. 21
(a) subject to subsections (3) and (4), ends 10 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is two or five years;
(b) subject to subsections (3) and (4), ends 20 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is 10 or 14 years; and
(a) was previously convicted of a primary offence, as defined in subsection 490.011(1) of the Criminal Code, or previously convicted under section 130 of the National Defence Act in respect of such a primary offence; or
(b) is or was subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
And because you were convicted of or found not criminally responsible on account of mental disorder for (description, date and location of offence(s)) that the Minister has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of the Criminal Code), an offence (or offences) referred to in paragraph (a) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code;
2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of years after the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence (or if paragraph 36.2(2)(c) or subsection 36.2(3) or (4) of the International Transfer of Offenders Act applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) that the Minister has identified as being equivalent to (description of offence(s)) under (applicable offence provision(s) of the Criminal Code), an offence (or offences) referred to in paragraph (a) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code).
5.1 You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal the decision of that court.
5.2 You have the right to apply to a court to vary the duration of the obligation to comply with the Sex Offender Information Registration Act if the obligation applies for life because you were convicted or given a verdict of not criminally responsible on account of mental disorder for more than one offence, and you have the right to appeal the decision of that court.
(a) a designated offence, as defined in subsection 490.011(1) of the Criminal Code, that is committed against a person who is under 18 years of age, other than a secondary offence, as defined in that subsection, for which the prosecutor has not, for the purposes of subsection 490.012(5) of that Act, established beyond a reasonable doubt that the offender committed the offence with the intent to commit a primary offence, as defined in that subsection 490.011(1); or
49 Section 35 comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Senate of Canada
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