Ontario sex offender registry violates Charter, judge says

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It’s difficult to imagine a decision more out of touch with the public.

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A Hamilton judge has actually ruled Ontario’s sex offender registry violates the rights of convicted sex abusers and is unconstitutional. Thankfully, the lower court judge doesn’t have the authority to strike down sections of Christopher’s Law — that power belongs only to judges in the Superior Court and above — and so Davin Garg’s shocking ruling applies just to the one convicted sex offender who came before him.

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It comes at a time when the Ford government has been musing about expanding the registry to allow some public access — currently only trained police officers can access the data.

In responding to the decision, Hannah Jensen, press secretary to Premier Doug Ford, said the government “will use every tool available to us to protect children and victims of sexual violence from the disgusting monsters who commit these heinous acts.”

Christopher’s Law established first registry in Canada

In 2001, Christopher’s Law established the first provincial sex offender registry in Canada in response to the 1988 abduction, sexual assault, and murder of 11-year-old Christopher Stephenson in Brampton by a sex offender released from prison after serving a five-year sentence for sexually assaulting another boy.

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According to the recent Charter ruling, Michael Roberts pleaded guilty in 2010 to eight counts of sexual assault — touching four victims over their clothing. He was sentenced to four months in custody and automatically required to join the provincial sex offender registry and report annually to Hamilton Police Service to confirm his address.

Court heard that checking in takes all of 10 to 15 minutes — hardly an onerous obligation.

In 2024, Roberts was charged after he decided to challenge the law and intentionally didn’t report to Hamilton Police — a move inspired, no doubt, by a Supreme Court ruling in 2022 that found the national sex offender registry violated the right to life, liberty and security.

Highest court struck down law

Canada’s highest court struck down the law that made registration in the national system automatic for all sex offenders and lifetime registration for offenders guilty of more than one sex crime, ruling it was too broad and unfairly captured people who weren’t at a higher risk to offend.

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The following year, Parliament amended the national registry to bring it into compliance with the Charter: mandatory registration only applies to repeat offenders or those convicted of serious child sexual offences and judges now have discretion to exempt some offenders.

In Roberts’ challenge, the Crown argued the Ontario registry is more effective than the national system and can be accessed more quickly by police in time‑sensitive investigations. OPP Acting Det. Staff Sgt. Lisa Burns told the judge the provincial registry has 29,900 records, with about 12,200 offenders who must report annually. Of those, approximately 8,600 are designated child sex offenders. The compliance rate is 96%, she said.

Within minutes of an abduction, police can get details of convicted sex offenders within their jurisdiction, complete with a recent photograph, a physical description, details of their previous convictions as well as their addresses. Court heard geographic maps generated by the Ontario registry are a critical tool for police racing against the clock when a child disappears: research shows 80% of abductions happen within 400 metres of the victim’s last known location, usually by offenders who live or work in the area or had some other reason to be there.

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Time matters

Time is of the essence: Of victims who were murdered, 44% were killed within an hour of the abduction, 74% within three hours, and 91% within 24 hours.

As for some sex criminals who have to continue reporting despite their low risk, there’s an exit ramp – they can apply for a record suspension which ends their need to check in: As Roberts did himself in 2025.

Garg accepted that the Ontario registry is more useful than the national system with its around the clock access for front-line police officers. But he complained he hadn’t been given an example of its use having saved any abducted child in its 25-year history,

In the end, the judge found the Ontario sex offender registry violated the constitution in the same way the Supreme Court found the national system did and stayed the non-reporting charge against Roberts.

What an insult to the memory of Christopher Stephenson, the young boy this registry might have been saved.

mmandel@postmedia.com

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