Sex Offender Registry Orders After a Sexual Assault Conviction

The short answer

After a sexual assault conviction, the court must consider ordering you onto the national sex offender registry. The order lasts 10 years, 20 years or life. It is mandatory in some cases, and in others the court makes it unless you show that it should not apply. The registry is not public, because it is a police database. Preparing the right evidence before sentencing can make a real difference to whether an order is made.

What a registry order is

A registry order requires you to report to police in person and keep your information up to date for the length of the order. That information includes your address, your work and some travel. Police use the registry to help prevent and investigate sexual offences.

Sexual assault is a "primary offence" for the purposes of the registry, so every conviction raises the question of an order (s. 490.011).

When the order is mandatory

The court must make the order in two situations under s. 490.012:

• The Crown proceeded by indictment, the sentence is two years or more, and the complainant was under 18.
• You were previously convicted of a primary offence, or you are or were already subject to a registry order.

When the court decides

In all other cases, the court must make the order unless you show one of the following:

• There is no connection between the order and the registry's purpose of helping police prevent or investigate sexual offences.
• The impact on you, including on your privacy and liberty, would be grossly disproportionate to the public interest in protecting society.

The burden is on you to show one of these. In deciding, the court considers:

• The seriousness of the offence.
• The complainant's age and characteristics.
• The relationship between you and the complainant.
• Your personal circumstances.
• Your criminal history and how long you have been offence-free.
• Any assessment or opinion from a qualified professional.

For example, a person with no record, a single offence and strong evidence of low risk is in a very different position from someone with a related prior conviction. Preparing this evidence before sentencing matters.

How long the order lasts

The length depends mostly on how the Crown proceeded (s. 490.013):

• 10 years: This applies if the Crown proceeded by summary conviction.
• 20 years: This applies if the Crown proceeded by indictment on sexual assault, which has a maximum of 10 or 14 years.
• Life: This applies if you are convicted of two or more offences that the court finds show a pattern of increased risk, or if you have a prior primary offence conviction or registry order.

In some cases, you can later apply to end the order early.

What registration involves

You must report in person to a registration centre, report regularly and report changes such as a new address or certain travel. Failing to comply with the reporting requirements is a separate criminal offence, so it is important to understand every obligation before you leave court.

Ontario's registry: Christopher's Law

Ontario also has its own registry under Christopher's Law (Sex Offender Registry), 2000. People in Ontario who are convicted of certain sex offences must register with police and report regularly, including when they move. This provincial registry is separate from the national registry, and both may apply.

Preparing for the registry decision

Evidence that can help includes a risk assessment from a qualified professional, proof of counselling or treatment, letters about your work, family and community ties, and information about how long you have lived without any offences. Your lawyer can also point to features of the offence and the relationship that suggest the order would not serve the registry's purpose.

What happens at sentencing

1. Notice: The Crown indicates whether it is seeking a registry order and for how long.
2. Evidence: The defence presents any material showing that an order is unconnected or grossly disproportionate.
3. Submissions: Both sides make arguments about the order.
4. Decision: The judge decides whether to make the order and explains the reporting obligations.

Effects beyond the order

A registry order does not appear on the public internet, but it can affect travel, because some countries ask about sex offence convictions. It can also affect certain jobs and volunteer roles. The underlying conviction can affect immigration status for anyone who is not a Canadian citizen. Registry information is kept confidential and is separate from any publication ban, which protects the complainant's identity rather than the accused's.

Reporting rules in practice

Registration starts soon after sentencing. You must report in person to a registration centre. You give your address, phone number, work details and other information. You must report again each year. You must also report changes, such as a new address. Some travel must be reported before you leave. Missing a deadline can lead to a new charge.

Travel and the registry

Registered people must report some trips in advance. Other countries may also ask about past convictions. Some may refuse entry. Get advice before you plan travel outside Canada.

After the order ends

When the order ends, your reporting duties stop. The information stays in the police database. It is not shared with the public. If you were also registered under Ontario's Christopher's Law, those duties may follow their own schedule. Ask your lawyer to confirm both end dates.

How we can help

We can prepare the evidence the court needs to decide whether an order should be made, and argue for the least restrictive result the law allows. Call (647) 223-1980 for a free, confidential consultation.

Frequently asked questions