The Supreme Court of Canada struck down a 2011 change to the Criminal Code calling it unconstitutional to require the automatic addition of sex offenders' names to a registry. .The change in Canada's Criminal Code came during former prime minister Stephen Harper's leadership and took the decision away from judges making it mandatory that all offenders have their names added to the National Sex Offender Registry. Those with two or more offences would remain on the registry for life. .Friday's five-to-four ruling now permits anyone who has been added to the registry since 2011 to apply to have their status changed. .Prior to the 2011 amendment, a Crown prosecutor was required to apply for a Sex Offender Information Registration ACT (SOIRA) order and have the judge decide whether it was in the public's interest to restrict an offender's privacy by adding their name to the registry. .The ruling follows the case of Eugen Ndhlovu, charged with two counts of sexual assault in 2015 after he admitted to sexually assaulting two women at a house party in 2011. At the time, he was 19 years old. Ndhlovu was sentenced to six months in prison and three years of probation. .Although he had no previous criminal record and was considered to be low risk for re-offending, because Ndhlovu was charged for more than one occasion, his name was automatically added to the national registry for life. .Ndhlovu appealed to the Court of Queen's Bench of Alberta claiming his charter rights were violated and the court agreed. At that time, the Alberta Court of Appeal ruled the automatic adding of sex offenders' names to the registry for life did not violate the rights of an offender. .Friday's ruling means Ndhlovu's name will not be added to the national registry.
The Supreme Court of Canada struck down a 2011 change to the Criminal Code calling it unconstitutional to require the automatic addition of sex offenders' names to a registry. .The change in Canada's Criminal Code came during former prime minister Stephen Harper's leadership and took the decision away from judges making it mandatory that all offenders have their names added to the National Sex Offender Registry. Those with two or more offences would remain on the registry for life. .Friday's five-to-four ruling now permits anyone who has been added to the registry since 2011 to apply to have their status changed. .Prior to the 2011 amendment, a Crown prosecutor was required to apply for a Sex Offender Information Registration ACT (SOIRA) order and have the judge decide whether it was in the public's interest to restrict an offender's privacy by adding their name to the registry. .The ruling follows the case of Eugen Ndhlovu, charged with two counts of sexual assault in 2015 after he admitted to sexually assaulting two women at a house party in 2011. At the time, he was 19 years old. Ndhlovu was sentenced to six months in prison and three years of probation. .Although he had no previous criminal record and was considered to be low risk for re-offending, because Ndhlovu was charged for more than one occasion, his name was automatically added to the national registry for life. .Ndhlovu appealed to the Court of Queen's Bench of Alberta claiming his charter rights were violated and the court agreed. At that time, the Alberta Court of Appeal ruled the automatic adding of sex offenders' names to the registry for life did not violate the rights of an offender. .Friday's ruling means Ndhlovu's name will not be added to the national registry.
