April 30th, 2018

R v Ndhlovu 2018 Edmonton Queen’s Bench – Sex Offender Registry Unconstitutional

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Hearing on section 1 issue following Court’s finding in Ndhlovu, 2016 ABQB 595 that 2011 amendments to the Sex Offender Information Registry Act (SOIRA) were overbroad and grossly disproportionate. Both Crown and defence called expert evidence regarding recidivism in sex offenders. Held: s 7 violation not saved by s 1; SOIRA provisions struck down. Applying … Read More.

December 15th, 2016

R v Nassereddine, 2016 ABPC 266 per Bascom, PCJ:

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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 … Read More.

November 3rd, 2016

R v Ndhlovu, 2016 ABQB 595 per Moen, J:

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Accused pled guilty to two counts of sexual assault and received 6 months jail plus probation. Issue regarding the constitutional validity of s. 490.013(2.1) CC requiring him to comply with the requirements of the Sex Offender Registry for life. “The challenge is whether mandatory lifetime registration is in violation of s. 7.” Held: SOIRA violates … Read More.