An outcry followed the Supreme Court decision to strike down laws that required two-time sexual offenders automatically be added to the national registry..London, ON lawyer Rob Talach said neither he nor the public welcomes the court decision..“Stop any citizen on the street and ask them if they think our criminal justice system is working, you're going to overwhelmingly get the answer, ‘No, it's not.’ And this decision doesn't help with that,” Talach told Western Standard..The lawyer said he's become a “national victims advocate,” having represented many in court who suffered sexual crimes..“Most victims I deal with look at their life as already destroyed, negatively impacted, already scarred maybe is the right word. And their major motivation is prevention, prevention of their offender abusing again, prevention of other offenders abusing again. The registry is a good investigative tool for law enforcement to know where these folks are, and if they're in the vicinity of a crime, and if the M.O. is similar to what the [potential suspect has] been nabbed for, it assists them,” Talach explained..“This is not golf, they don't do it once and sell their clubs. This is something they should be marked for, and police law enforcement should be aware of. So, if the Supreme Court of Canada was an elected body, they'd all be out on their backside next year.”.Talach, who is part of Beckett Personal Injury Lawyers, says Ontario judges usually waive victim surcharges and thinks this will now become common practice for sex offenders who formerly had to be put on the registry..“You go down any criminal court in Ontario, they waive it routinely. So that discretion, which was put in place for the odd case that made it necessary, just became the default norm — waive the victim surcharge onwards. They don't even hesitate. It's not even like when you hit a raccoon on the road, like it doesn't even slow them down. And that's going to become the norm now in sex offenses. I guarantee it,” Talach said..Talach, says in the 40 years since the Charter came into effect he says he's seen a slow erosion of justice with more leniency to perpetrators..“When people cry and moan about this is the state against me, and poor me, I would say the criminal defense bar, collectively, has greater numbers and resources versus our underfunded public prosecutors. So you just get a slow grind over time. There's more money and energy to appeal sentences versus that crown attorney who's already got 200 other files to deal with..“So, this is just the long effect of the Charter. We've got more and more exceptions, more and more bleeding hearts, more and more pro-offender law.”.The four SCC judges who partially dissented with the decision said the perceived leniency of judges prompted the amendments. Justices Wagner, Moldaver, Cote, and Brown said although mandatory lifetime registration in the registry was “overbroad,” it was also constitutional..“The exercise of judicial discretion to exempt offenders from registration under SOIRA [Sexual Offender Information Registration Act] was the very problem that prompted Parliament to amend the Criminal Code in 2011 to provide for automatic registration of sex offenders. Many judges exercised their discretion to exempt offenders in a manifestly improper manner, and the Registry’s low inclusion rate undermined its efficacy,” read the minority judgment..“The evidence is clear that even low risk sex offenders, relative to the general criminal population, pose a heightened risk to commit another sexual offence. It is also clear it cannot be reliably predicted at the time of sentencing which offenders will reoffend. In the face of that uncertain risk, Parliament was entitled to cast a wide net.”.Some elected politicians spoke out against the decision, including Ontario Conservative MP Michael Barrett..“Canadians deserve a country where victims rights come first,” he tweeted. “This decision is disgusting. It will rightfully cause victims, parents, and a great many Canadians to be fearful.”.Alberta Justice Minister Tyler Shandro stated the decision “will make the country more dangerous,” leaving the province to consider making its own sex offender registry..“As the dissenting argument rightly points out, this decision was made using an exceptional case and ignores the ‘rampant misuse of judicial discretion prior to the amendment.’ Prior to automatic registration, the registry’s low inclusion rate undermined its effectiveness," Shandro said.."The decision to end automatic registration on the sex offender registry will make it harder to ensure that these crimes are not repeated.”.Former RCMP Supt. Larry Comeau contacted Shadow Minister of Public Safety Rachel Dancho and cc’d Conservative Leader Pierre Poilievre to express his concerns in an email shared with Western Standard..“Trudeau has successfully stacked the court with justices concerned more with social engineering, who just decided protecting sex offenders is far more important [than] their victims. Trudeau also has done away with many of the mandatory minimums for serious crimes Harper brought in. Those preyed upon by sex offenders must be wondering where justice has gone in Canada! There can be no doubt the Charter of Rights has gone overboard to protect the rights of those involved in criminality, while ignoring the rights of their victims. Many sex abuse victims suffer a lifelong battle to recover and this ruling re-victimizes them!”.In an email to Western Standard, Comeau added the decision was more concerning given the proliferation of sexual crimes in recent years..“The Charter of Rights and Freedoms — the title an oxymoron — made the weakest defence lawyers wealthy doing legal aid, while perpetrators of crime gained rights, with their victims being thrown under the bus and abandoned!” Comeau wrote..“The two Trudeaus have done more harm to Canada’s Justice System than all other PMs combined! We have to wonder will the pendulum ever swing the other way..“The priority of any justice system must be the protection of the very young and very old. That standard fails miserably to be upheld in Canada when they are victims of crime, as this recent SCC decision of the Sex Offender Registry demonstrates.”
