Good morning, Mr. Chair. Good morning, committee members and other witnesses.
My name is Jim Stephenson. This morning I am joined by my wife, Anna. We are here today to share our views and concerns about the national Sex Offender Information Registration Act, SOIRA, as the acronym is probably more commonly understood, to share our concerns with you.
With all respect for the viewpoints and perspectives submitted earlier this week, together with those we have heard in introductory remarks today, we believe that you will find that what we have to say this morning somewhat unique, unique not only for the reason that we are the parents of a child abducted, sexually assaulted, and murdered by a known, convicted sex offender, but also because of our determination to see to it that communities will be better protected from such offenders than we were.
To accomplish this it was necessary to bring about significant systemic changes in the manner by which authorities manage convicted sex offenders released into communities. Earlier this week, you heard testimony about the legislation that created Ontario's sex offender registry in 2001. That legislation, of course, is named Christopher's Law, in memory of our 11-year-old son who died very violently and tragically on the 1988 Father's Day weekend.
Ontario's sex offender registry is proactive. Registration is automatic following conviction of a criteria offence. Law enforcement officers are proactive in consistently verifying the information contained in the registry's database to ensure that it is up to date and completely accurate. More importantly, the information is available for sharing with other police agencies that are investigating sex-based crimes. These features alone underscore reasons for the provincial registry's success.
The SOIRA was proclaimed in early 2004 and became operational later that same year, more than 10 years after a 1993 inquest into our son's death had recommended that the federal government move immediately to create a national sex offender registry. In statements we made during public hearings into the proposed legislation over five years ago, we expressed serious concerns relating to a range of features of that legislation. We were troubled then, as we continue to be troubled today, that registration does not follow automatically upon conviction.
Our concerns today are heightened more so when we learn, as you did earlier this week, that nearly one-half, or 50%, of those convicted of criteria offences are literally excused by the courts from being required to register, without those same courts providing an explanation for such a disposition, which is clearly stipulated in the legislation.
It is my understanding, as it is, I'm sure, everyone's in the room, that federal offences are more serious than those dealt with through the provincial courts. In the case of the latter, the provincial system, registration is automatic for all convictions named under the legislation.
Mr. Chair, committee members, to me it just doesn't seem to make a great deal of sense. I would respectfully submit that if the judiciary does not comply properly with its responsibilities under the legislation, then it is broken and badly in need of major repair. In the words of a popular home repair television personality, “Let's make it right”.
From the time the federal piece was first being developed, we have held concerns about the effectiveness of the national registry, and I have often been quoted as referring to it as a notional concept of a sex offender registry. Unfortunately, I believe that the public has been misled into assuming that practical safeguards are in place for their security and protection, when this in fact is not the case.
There is in fact a troubling parallel between the state of the NSOIRA and a fairy tale that we would often tell to our son and daughter when they were very young. The tale involved a monarch who desired a new wardrobe to impress his subjects when he frequented the town and surrounding countryside. He would not consider any of the designs submitted by the court tailor, who had for many years been responsible for the king's wardrobe, although many of his advisers felt the designs were truly exceptional. Finally, after considering many different designs from many of his loyal subjects, he appointed a lowly stable boy to design his new wardrobe.
The trouble was, the stable boy knew nothing of clothing design. Convinced that he would suffer dire consequences if he could not come up with something his monarch would accept, he determined finally to persuade the monarch that he had created an invisible fabric that was superior to anything yet seen. In fact, the stable boy had created nothing and counted on his ability to convince his king that he was outfitted in the finest cloak and vestments ever seen.
In the end, a completely naked monarch walked among his subjects convinced that he possessed a most wonderful and unique outfit. At first no one dared to tell the king the truth. But finally a young man who had been watching the king's procession uttered the words to everybody's surprise, “But the king has no clothes.” The villagers all broke out into laughter and the king then realized his folly.
Mr. Chair, committee members, I submit that in its present form the NSOIRA has no clothes either. It is dysfunctional and fails to properly protect Canadians from becoming victims or from being re-victimized by offenders released back into their communities.
Earlier I mentioned that our presence here might be considered unique and provided some reasons why. Let me close my opening and formal remarks this morning by adding one more argument for this uniqueness. The other parties appearing before you have done so as part of their job, and it is safe to assume that they have been paid for their time. Anna and I, however, speak to you today because we have paid and paid dearly to be here. No doubt that distinction will be weighed carefully in the final determination that this committee will make on the future direction of the national sex offender registry.
We look forward to questions from the chair and members of the committee during the remaining time available here this morning.
Thank you.