Hamilton judge rules Ontario's sex offender registry is unconstitutional. What could happen next? | CBC News
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Hamilton judge rules Ontario's sex offender registry is unconstitutional. What could happen next? | CBC News
"In time, the argument we have made will be adopted by higher courts and become binding. The decision by Justice Davin Garg on Jan. 29 is significant and could see changes to Ontario's sex offender registry, depending on how the appeals process plays out."
"Nothing in these reasons should be taken as a criticism of the existence of the provincial registry. The evidence demonstrates the important work carried out by those using the registry. Police rely on the registry to both prevent and solve crimes of a sexual nature by keeping track of where people convicted of similar crimes are living in the community."
"Roberts was convicted in 2010 of eight counts of sexual assault against four victims, and sentenced to four months in prison. Under Ontario's Christopher's Law, Roberts was automatically added to the sex offender registry and required to provide Hamilton police with his personal information every year for life, as he was convicted of multiple offences."
A Hamilton judge ruled that Ontario's Christopher's Law, which mandates lifetime registration and annual police reporting for sex offenders, violates constitutional rights by being overbroad and grossly disproportionate. The decision arose from a case involving Michael Roberts, convicted of multiple sexual assaults, who intentionally failed to report in 2024. While the judge affirmed the registry's importance for public safety and crime prevention, he determined the current lifetime reporting requirements exceed what is necessary. The registry, created following an 11-year-old's death by a convicted offender, contains information on 29,000 offenders and remains non-public. The ruling could prompt legislative changes pending appeals.
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