An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act
An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. Royal assent October 26, 2023 (S.C. 2023, c. 28). Responds to the October 2022 Supreme Court of Canada decision in R. v. Ndhlovu, which struck down the automatic, mandatory inclusion in the National Sex Offender Registry as a Charter violation. S-12 restores discretion to the sentencing judge to decide whether to require registration on the Registry, with statutory factors guiding the decision. Also strengthens the publication-ban provisions in section 486.4 (sexual-offence complainant identification) by adding a right of the complainant to apply to have a ban lifted or modified. Sponsored by David Lametti as Minister of Justice; passed unanimously in the Senate.
Status
Quick learn
Restored the federal sex-offender registry after the Supreme Court's Ndhlovu ruling struck down the automatic-registration version. Judges now have discretion to require registration but with a presumption in favour for serious or repeat offences.
Issues this bill touches
- Crime & Public Safety
Criminal Code Sex Offender Information Registration Act and international comparable laws.
Legislative history
- First reading
First reading in the Senate.
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Second reading in the Senate.
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Third reading in the Senate.
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First reading in the House of Commons.
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Second reading in the House of Commons.
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Third reading in the House of Commons.
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Royal assent received.
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