INTRODUCTION AND BRIEF DESCRIPTION
This section outlines who can be served a notice under the Sex Offender Information Registration Act based on their previous convictions or inclusion in a sex offender registry.
SECTION WORDING
490.02(1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition "designated offence" in subsection 490.011(1) and (a) on the day on which the Sex Offender Information Registration Act comes into force, they are subject to a sentence for, or have not received an absolute discharge under Part XX.1 from, the offence; or (b) in any other case, (i) their name appears in connection with the offence, immediately before the Sex Offender Information Registration Act comes into force, in the sex offender registry established under the Ontario Act, and (ii) they either were a resident of Ontario at any time between April 23, 2001 and the day on which the Sex Offender Information Registration Act comes into force or committed the offence in Ontario.
EXPLANATION
Section 490.02(1) of the Criminal Code of Canada outlines the circumstances under which the Attorney General of a province or minister of justice of a territory may serve a person with a notice regarding the Sex Offender Information Registration Act. The Act requires certain individuals who have been convicted of designated offences, such as sexual offences, to register with law enforcement and provide personal information such as their name, address, and employer. In cases where an individual was convicted of a designated offence, they will be served with a notice if they are subject to a sentence or have not received an absolute discharge under Part XX.1 from the offence. In other cases where their name appears in connection with the offence in the sex offender registry established under the Ontario Act, they will be served with a notice if they were a resident of Ontario at any time between April 23, 2001, and the day the Sex Offender Information Registration Act comes into force or committed the offence in Ontario. This section is important because it ensures that individuals who have been convicted of designated offences are aware of their obligations under the Sex Offender Information Registration Act and comply with them. The Act is designed to protect public safety and prevent further offences by providing law enforcement with information on individuals who may pose a risk to the community. By serving notices to individuals who are required to register, the government can ensure that the public is protected and that those who have been convicted of sexual offences are held accountable for their actions.
COMMENTARY
Section 490.02(1) of the Criminal Code of Canada outlines the criteria for serving a notice to a person who has been convicted of a designated offence and is subject to registration under the Sex Offender Information Registration Act (SOIRA). The purpose of this notice is to inform the person of their obligation to register as a sex offender under SOIRA. The provision states that the Attorney General of a province or minister of justice of a territory may serve a notice to a person if they were convicted of a designated offence and are subject to a sentence or have not received an absolute discharge under Part XX.1 of the Criminal Code. The designated offences referred to in this provision include the most serious sex crimes such as sexual assault, sexual exploitation, and incest. These types of offences have a significant impact on the victim and can cause long-lasting harm. The provision also allows for a notice to be served to a person who appears in the sex offender registry established under the Ontario Act. This applies to individuals who were not subject to a sentence or discharged from the offence but had their name listed in the registry before SOIRA came into force. This provision is important as it ensures that even those who were caught before SOIRA can still be held accountable and are made aware of their obligation to register. It is worth noting that the provision only applies to designated offences committed in Ontario or by individuals who were residents of Ontario between April 23, 2001, and the day SOIRA came into force. Therefore, it may not apply to individuals who committed designated offences in other provinces or territories or who were not residents of Ontario. Overall, section 490.02(1) serves an important purpose in ensuring that those who commit designated offences and are subject to registration under SOIRA are made aware of their obligation to register. This proactive approach serves to protect the public and prevent further harm from being inflicted on vulnerable individuals. The provision also ensures that even those who were caught before SOIRA are held accountable and are made aware of their responsibilities.
STRATEGY
Section 490.02(1) of the Criminal Code of Canada provides for the service of notice to individuals who are convicted of certain designated offences under the Sex Offender Information Registration Act. This notice is an important tool for law enforcement agencies to monitor and track individuals who may pose a risk to public safety. In dealing with this section of the Criminal Code of Canada, there are several strategic considerations and strategies that can be employed. One of the first strategic considerations is to understand the scope of the designated offences under the Sex Offender Information Registration Act. These offences include sexual interference, sexual exploitation, invitation to sexual touching, sexual assault, and child pornography. This means that the notice can be served to individuals who are convicted of or found not criminally responsible for any of these offences. Understanding the scope of the designated offences will help law enforcement agencies to identify individuals who may be subject to the notice and to determine the appropriate course of action. Another strategic consideration is to determine whether the individual is subject to a sentence or has received an absolute discharge under Part XX.1 from the offence. If the individual is subject to a sentence, then the notice can be served. However, if the individual has received an absolute discharge under Part XX.1, then the notice cannot be served. Understanding the legal status of the individual will help to determine the appropriateness of serving the notice. A key strategy that can be employed is to prioritize the individuals who pose the greatest risk to public safety. Law enforcement agencies can use risk assessment tools to determine the level of risk posed by each individual. Individuals who pose a high risk can be given priority for the service of the notice, while those who pose a lower risk can be monitored through other means. Another strategy that can be employed is to work closely with other law enforcement agencies and community organizations. Collaboration and information sharing can be critical to identifying and monitoring individuals who may pose a risk to public safety. By working together, law enforcement agencies can share information, coordinate their efforts, and ensure that the appropriate resources are deployed to address the issue. Finally, it is important to ensure that the service of the notice is done in a manner that is respectful and appropriate. Law enforcement agencies should ensure that the individual is informed of their rights and given an opportunity to respond to the notice. The service of the notice should be done in a way that is clear and understandable, and that takes into account the individual's cultural and linguistic background. In conclusion, Section 490.02(1) of the Criminal Code of Canada provides an important tool for law enforcement agencies to monitor and track individuals who may pose a risk to public safety. Strategic considerations and strategies that can be employed include understanding the scope of the designated offences, determining the legal status of the individual, prioritizing individuals based on the level of risk they pose, collaborating with other law enforcement agencies and community organizations, and ensuring that the service of the notice is done in a respectful and appropriate manner.