Summary

Keywords

Charter of Rights - Right to life, liberty and security of the person - Criminal law - Registration of sex offenders - Whether ss. 490.012 and 490.013(2.1) of the Criminal Code violate s. 7 of the Charter - If so, whether the violation can be saved under s. 1 of the Charter - Sections 490.012 and 490.013(2.1) of the Criminal Code, R.S.C. 1985, c. C-46 - Sections 1 and 7 of the Canadian Charter of Rights and Freedoms.

Summary

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(PUBLICATION BAN IN CASE)

The appellant pled guilty to two charges of sexual assault, contrary to s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. The assaults had been committed against two complainants during the course of a party. The sentencing judge found the appellant was at low risk to reoffend, and sentenced him to six months of imprisonment and three years of probation. The appellant challenged the constitutionality of ss. 490.012 and 490.013(2.1) of the Criminal Code, which require him to register and report for life under the Sex Offender Information Registration Act, S.C. 2004, c. 10, as a result of his convictions for more than one designated offence. The sentencing judge held that ss. 490.012 and 490.013(2.1) violate s. 7 of the Charter and cannot be saved under s. 1, and declared the sections to be of no force or effect.

The Crown appealed the sentencing judge’s declaration of unconstitutionality. The majority of the Court of Appeal for Alberta allowed the appeal, holding that the sentencing judge had erred in finding that the appellant had established a deprivation of his right to life, liberty or security of the person under s. 7 of the Charter. Khullar J.A., dissenting, would have dismissed the appeal and upheld the sentencing judge’s decision.

Lower Court Rulings