Applicant was convicted in 2010 of a sexual assault that had occurred in the early 1980s. 10 year SOIRA order made at the time. Application pursuant to s. 490.015 CC to terminate the order. Affidavit evidence established that the ongoing reporting was causing the applicant considerable stress and was creating problems for him in moving on from the sexual assault that had occurred well over 30 years earlier.
Held: Application granted.
Grossly disproportionate test as set out in 490.016 CC met. Court found that there was a very low risk of re-offending. Court considered the applicant’s mental and physical condition, as well as the fact that the order had affected his employment, and his ability to emigrate to Lebanon to be with his wife.
R. Katrib – Defence Counsel