This news release deals with topics that may cause distress. If you or someone close to you needs support, we encourage you to reach out. Resources are available at canada.ca/mental-health.
The Government of Canada is unwavering in its commitment to keeping our communities safe and ensuring that victims of crime are treated with respect and dignity.
Sexual crimes are amongst the most heinous, and can have devastating impacts on victims and survivors. Eliminating sexual violence, which disproportionately affects women and children, is a top priority for our Government. It is essential that police have the tools they need to investigate sexual offences and bring perpetrators to justice. We are also committed to ensuring that victims receive the information and support they need to navigate the criminal justice system in a way that respects their privacy and preserves their dignity.
That is why the Government of Canada is taking action to address the Supreme Court of Canada decision in R v Ndhlovu, which struck down parts of the Criminal Code that relate to the National Sex Offender Registry.
Today, the Government Representative in the Senate, Senator Marc Gold, introduced legislation on behalf of the Minister of Justice and Attorney General of Canada to change the law relating to the National Sex Offender Registry and to make the criminal justice system more responsive to the needs of victims.
The proposed changes would:
- ensure that the National Sex Offender Registry can continue to be an effective tool to prevent and investigate sexual crimes while being consistent with the Charter of Rights and Freedoms.
- respond directly to the Supreme Court's decision in Ndhlovu by changing the registration criteria for sexual offenders. The Bill proposes that:
- serious child sexual offenders would be registered automatically.
- repeat sexual offenders would be registered automatically.
- all other sexual offenders must be registered unless they can demonstrate that they pose no risk to the community.
- strengthen our national response to sexual offending by:
- adding offences, including the non-consensual sharing of intimate images and extortion, to list of offences that may result in registration on the National Sex Offender Registry.
- give law enforcement additional enforcement and compliance tools.
- empower victims and improve the law on publication bans by:
- requiring judges to ask prosecutors if they have sought victim input on whether to impose a publication ban.
- clarifying the process for modifying or revoking a ban.
- require judges to ask if victims want to receive ongoing information about their case after sentencing, and ensure that their wishes, if known, are entered into the record of the proceedings.
These changes would ensure that sexual offenders continue to be registered in almost all cases, while responding directly to the Supreme Court's decision in Ndhlovu by giving judges the discretion to exempt certain offenders, such as, those who do not pose a risk of reoffending.
These changes will reinforce public safety across the country and work to ensure that all people in Canada, particularly survivors of sexual assault and their families, can feel safe and have confidence in our criminal justice system.
