Anyone convicted of a sexual offence in Canada faces the distinct possibility that their sentence will include incarceration, especially when charged as an indictable offence. However, even absent the court’s imposition of a custodial sentence, convicted sexual offenders in Ontario face mandatory inclusion on the Ontario Sex Offender Registry (OSAR) and may also be ordered to register with the National Sex Offender Registry .
Given the onerous reporting requirements and perceived social stigma of being included on the sex offender registry(ies), those convicted typically want to know whether it’s possible to seek removal from them. The Greater Toronto Area sexual assault criminal defence lawyers at Mass Tsang advise their clients that removal from the registries is nearly impossible absent a pardon or successful acquittal of the original conviction upon appeal. Once an offender has been added to the registries, their information remains on the database for life.
However, the GTA lawyers note it is possible to seek relief from the registries’ reporting requirements. They also note that the best means of avoiding mandatory sex offender registry is to evade conviction to begin with by mounting a robust criminal defence with a highly skilled lawyer, like those at Mass Tsang.
Let’s take a closer look at OSAR, how it differs from the national registry, and how an offender can secure early relief from reporting requirements.
| Registry | Jurisdiction | Purpose |
|---|---|---|
| Ontario Sex Offender Registry (OSAR) | Ontario | Assists Ontario police in investigating sexual offences |
| National Sex Offender Registry (NSOR) | Canada | Assists law enforcement agencies across Canada in investigating sexual offences |
Provincial legislators enacted the Ontario Sex Offender Registry into law in 2001 in response to the kidnapping, sexual assault and murder of an 11-year-old Brampton boy by a repeat sexual offender. A subsequent provincial inquest determined that if police had had access to a registry of known sexual offenders, they may have been able to interview the offender while the child was still alive.
“Christopher’s Law,” as it is commonly called, allows provincial police to enhance their ability to rapidly investigate sexual crimes with the help of a registry of known offenders located within their jurisdiction. Under the law, those convicted of designated sexual offences in the province must automatically comply with OSAR conditions. These include registering specific identifying details with their local police jurisdiction, providing annual updates, and giving notice of any planned travel away from the jurisdiction.
The National Sex Offender Registry was enacted into law in 2004. Its operation mimics OSAR management at the national level. While OSAR inclusion is mandated for most sexual offence convictions in the province, inclusion on the federal registry is more subject to judicial discretion and typically reserved for serious indictable cases and repeat offenders. Ontario residents who are ordered to register with both can typically fulfill their compliance obligations solely through OSAR reporting to their local jurisdiction.
| Feature | OSAR | National Registry |
|---|---|---|
| Established | 2001 | 2004 |
| Scope | Ontario | Canada-wide |
| Governing Law | Christopher's Law | Sex Offender Information Registration Act |
| Purpose | Provincial investigations | National investigations |
| Reporting Method | Local police service | Usually satisfied through local police reporting in Ontario |
"Many people assume the sex offender registries are public databases. In reality, access is generally restricted to law enforcement agencies and is intended to support criminal investigations."
- Jeff Mass, Co-Founder, Mass Tsang LLP
If sex offender registration is mandated by the courts, offenders must register with their local police jurisdiction within a week of conviction or the completion of their incarceration, as warranted. During the initial registration, offenders must provide the police with:
Registrants are required by law to update this information to the police annually. They must also report any address or name changes within seven days and provide them with any travel plans out of the jurisdiction that will exceed a week.
| Requirement | Obligation |
|---|---|
| Initial Registration | Within one week of conviction or release from custody |
| Annual Reporting | Mandatory |
| Address Changes | Report within seven days |
| Name Changes | Report within seven days |
| Extended Travel | Notify police if absent from jurisdiction for more than one week |
| Vehicle Information | Must be updated as required |
| Employment Information | Must be updated as required |
Convicted sexual offenders subject to OSAR face a mandatory 10-year or lifetime inclusion on the registry. Generally, those sentenced to prison terms exceeding 10 years and those with multiple sexual offence convictions face lifetime registration. The 10-year term is reserved for all others. The national registry includes a 20-year compliance term.
| Registry Term | Typical Duration |
|---|---|
| OSAR Standard Registration | 10 years |
| OSAR Lifetime Registration | Lifetime |
| National Registry Registration | Up to 20 years or longer depending on circumstances |
Anyone who receives a full pardon, record suspension, or an overturning of their original sexual offence conviction upon appeal can immediately petition the courts for their removal from both the OSAR and federal sex offender registries. While courts generally grant complete removal from the database with pardons and successfully appealed convictions, those with record suspensions may only be able to secure early release from continued compliance with their registry reporting requirements.
Federal and provincial law differ on how offenders can seek early relief from registry reporting requirements, with the latter providing it only to those receiving a pardon or record suspension. To secure early release from federal sex offender registry reporting requirements, offenders must have complied with all registry conditions and not been charged with any new offences. Offenders can apply for such relief under the following timeframes:
| Option | Potential Outcome |
|---|---|
| Successful Appeal | Removal from registry obligations |
| Full Pardon | Potential removal from registry obligations |
| Record Suspension | Potential relief from reporting requirements |
| Early Relief Application | Relief from federal reporting obligations if eligible |
"Relief from registry reporting obligations is not automatic. Eligibility requirements, compliance history, and the specific circumstances of the original conviction can all play a role in the outcome of an application."
- Robbie Tsang, Co-Founder, Mass Tsang LLP
Applying for early release from sex offender registry compliance terms and/or termination from registry databases is a complex legal process that can prove challenging to navigate. A skilled criminal defence lawyer who specializes in sexual offences can help convicted offenders determine eligibility, the steps needed to start the process, and the information needed to help support a successful application. To learn how the expert criminal defence lawyers of the Greater Toronto Area’s Mass Tsang law firm can help you secure relief from your inclusion on OSAR or the federal sex offender registry, contact us for a free consultation.
Some non-designated as “sexual” and sexually related offences that do not carry mandated automatic inclusion on OSAR include:
No. Access to information in OSAR and the federal sex offender registry is strictly limited to law enforcement agencies. Public disclosure of sex offender registry information is only legally permitted if an offender is believed to be a significant and imminent threat to the public.
Failing to abide by the terms of provincial or federal sex offender registry requirements is a criminal offence, which carries maximum penalties of up to two years’ imprisonment and/or a $25,000 fine.
Yes. A provincial judge earlier this year ruled that mandatory registry inclusion and lifetime sex offender reporting requirements were “overbroad and grossly disproportionate,” and thus breached the defendant’s Charter Rights. That decision is currently under appeal by the Crown, but, if upheld, legislators will likely need to revise the law accordingly.
