As you know, there are two lists of offences. There are those that are directly sexual offences. We know what those are. They're things like sexual interference, invitation to sexual touching, sexual exploitation. Those are the ones for automatic inclusion and they go on. It's quite a long list.
Then there's the list of offences where you can apply for inclusion, if you can establish to a court that there was an underlying sexual intent to the act. Those are things like kidnapping, criminal harassment, manslaughter. I don't think anybody believes that criminal harassment or manslaughter should result in automatic inclusion in the sex offender registry; that's not its purpose. But if there were a sexual content to that offence, then there will be an opportunity to apply. That is not automatic, because that is a judgment call. That requires judgment, and judges are there to provide their judgment.
That's why we have that list of secondary offences where you look at the question of whether or not there was an intent that is sufficient to result in inclusion in the registry.
