SoVote

Decentralized Democracy

Joanna Wells

44th Parl. 1st Sess.
October 5, 2023
Context: Extradition Law Reform (JUST) - Oct/5/23
Ms. Joanna Wells (Acting Senior Counsel, Criminal Law Policy Section, Department of Justice)
  • 04:32:29 p.m.
  • Watch
  • Read Aloud
Thank you for your question. I think I will start answering the question by reiterating what the minister said when he was here, which was that if Bill S‑12 is enacted, everybody who receives a conviction for a sex offence will be required to register, unless they can demonstrate that the registry is overbroad or grossly disproportionate. It's a very strong presumption of registration for those offenders. The data you cite, which the minority articulated, was the arguments that the Attorney General of Canada made before the Supreme Court when he intervened to defend the legislation when the Supreme Court heard arguments on that. That data was not sufficient to uphold the law. The data that is now being relied on for the two categories of automatic registration relates to repeat sex offenders. Those individuals pose an even higher risk of reoffending than first-time offenders, which was the target of the original legislation. For the other category of automatic registration for children—victims under 18—a sexual interest in children is a very well-validated risk factor for sexual recidivism. Coupled with the two years or more on indictment, it is expected that this constellation of factors will provide the evidence that the government would use to justify those two automatic categories. However, everyone will be presumed to be registered.
226 words
  • Hear!
  • Rabble!
  • star_border
Context: Extradition Law Reform (JUST) - Oct/5/23
Ms. Joanna Wells
  • 04:34:41 p.m.
  • Watch
  • Read Aloud
They will be presumed to be registered under the proposals in Bill S-12. That is the answer. They're all presumed to be registered. What the bill does is list risk factors, as well, for judges to use to exercise their discretion. Those factors were intended to counter the criticisms and concerns raised by the minority judgment to curb the risk they saw in judicial discretion.
67 words
  • Hear!
  • Rabble!
  • star_border