As Ms. Campbell has indicated, my remarks will be very brief. They will focus on two key aspects of the legislation, namely, the registration process and the reporting process.
I have copies of my presentation. If anybody needs them, I'd certainly be happy to share them with you afterward.
At the time of sentencing for an offence specified in the legislation, the crown can ask the court for a registration order. If the offence is one where it is not obvious that it was a sex offence--for example, trespassing at night--but the crown is aware that there was a sexual component, it can ask for an order but will have to prove beyond a reasonable doubt that the act was committed with the intent to commit one of the designated sexual offences. The offender has the right to appeal the order.
Once the crown has made the request, the offender either can make no argument or can argue that placing his information on a registry would be grossly disproportionate to the public interest and the protection of society through the investigation of crimes of a sexual nature.
If the court orders registration, notice is provided to the offender requiring him or her to register in person at a designated registration centre within 15 days after the order is made or the person is released from custody. The registration period begins on the day the order is made. Re-registration is required once per year, as well as within 15 days of a change of name or residence. If the offender is absent from his home address for more than 15 continuous days, the registration centre must be notified.
Offenders are required to remain registered for one of three periods tied to the maximum penalty available for the offence: 10 years for summary conviction offences and offences with two- and five-year maximums; 20 years for offences carrying a 10- or 14-year maximum sentence; and a lifetime for offences with a maximum life sentence or when there is a prior conviction for a sex offence.
Offenders can make a special application for early termination of the order, but not before five years for orders lasting 10 years, 10 years for orders lasting 20 years, and 20 years for lifetime orders. As well, both the crown and the offender have full rights of appeal of the original decision to order or not to order registration.
I have just a few remarks about the reporting process under the legislation.
Offenders are required to provide to local police, and to keep them current on, certain information such as addresses, telephone numbers, dates of birth, given names, surnames, aliases, and identifying marks and tattoos. On subsequent occasions when they attend at the registration centre, they are obligated to update any of the information about them that is contained on the registry.
Under the legislation, persons authorized to register information must collect only the information pertaining to the offence and the resulting order. Information is registered in the sex offender database without delay and is treated confidentially. The offender can request correction of information in the case of error or omission.
Information remains in the database indefinitely, except if the conviction or sentence is overturned on appeal, or if a free pardon is granted. A pardon under the Criminal Records Act does not remove the person or the information; the offender must still apply for an early termination order.
Even after a person is relieved of the requirement to report, the information itself stays on the registry, unless as noted. Access to registry data, except by authorized persons for authorized purposes, is prohibited. Police have access to personal information about past sex offenders for at least 10 years and, in many cases, during their natural lives.
Thank you very much.