Experienced Criminal Lawyers
News & Articles
- Cryptocurrency & International Tax Reporting Requirements For American Expats
- Criminal Charges For Voyeurism
- Public Intoxication & Drinking In City Of Calgary Parks
- How Do Criminal Charges Affect Child Custody & Access In Alberta?
- Differences Between A Prosecutor & A Defence Lawyer
- What Is the Impact Of A Racially Diverse Jury?
- Potentially Preventing High-Risk Offenders From Changing Their Name
- What Is Hate Speech? Are There Criminal Charges Involved?
- Is Sex Work Legal In Canada?
What Is The Sex Offender List?
Posted on February 16, 2021
In Canada, the Sex Offender Information Registration Act (SOIRA) allows law enforcement to collect information about convicted sex offenders. The Royal Canadian Mounted Police (RCMP) keep up-to-date records through the National Sexual Offender Registry (NSOR), which acts as a sex offender’s list. The NSOR was created in 2004 to help law enforcement agencies maintain a list of known offenders in a specific geographical area.
The NSOR is not available to the general public, unlike the sexual offender’s list in the United States of America. Only law enforcement can access it and, in some instances, international law enforcement can request information from the NSOR.
How Are You Registered As A Sex Offender?
Not everyone convicted of sex offences must register their information on the NSOR; only certain designated sexual offences must register. The designated crimes are outlined within the Sex Offender Information Registration Act and are as follows:
- Sexual Interference
- Invitation To Sexual Touching
- Sexual Exploitation
- Bestiality (Compelling The Commission Of & In Presence Of Or By A Child)
- Child Pornography (Making, Possession, Distribution)
- Parent Or Guardian Procuring Sexual Activity
- Sexual Assault
- Sexual Assault With A Weapon, Threats To A Third Party, Or Causing Bodily Harm
- Aggravated Sexual Assault
- Select Offences Where The Individual Committed The Offence With The Intent To Commit An Offence Of A Sexual Nature
- Attempt Or Conspiracy To Commit Any Of The Above Offences
Anyone convicted of one of the above offences must register within seven days of their conviction or release from prison. Afterwards, they will be required to show up at the registration centre in-person to re-register annually.
Those on the sexual offender’s list must also notify the NSOR if they are changing addresses and do so within seven days of the move. Registered offenders must also declare if they will be absent from the primary or secondary residence for more than seven days.
What Information Goes On The NSOR?
Sexual offenders are responsible for going to their designated Sex Offender Registration Centre to register. They must then annually report and update their information. The NSOR collects the following information:
- Legal Name & Other Known Names (Alias)
- Date Of Birth
- Physical Description (Weight, Height, Etc.)
- Address Of Main & Secondary Residences
- Telephone Numbers
- Address Of Educational Institution (If Attending)
- Name & Address Of Volunteer Organizations
- Information About Convicted Offence
- Current Photograph
- Identifying Marks (Tattoos, Scars, Etc.)
- Vehicle Information (Owned & Regularly Used)
- Employment & Work Address
- Provincial Driver’s Licence
- Passport Information
Sexual offenders must report any changes to phone numbers, address, employment, names, vehicle, passport and driver’s license to the NSOR within seven days.
What Do I Need To Bring To Register?
Each province/territory has a designated Sex Offender Registration Centre. To register, you’ll need two pieces of government identification, with at least one piece of picture ID. If it is your first time registering, you’ll have to bring your Notice Of Obligation To Comply. In the Province of Alberta, all of the following locations serve as Sex Offender Registration Centres:
- Every RCMP Detachment
- Headquarters Of Each Regional Police Service Or Municipal Police Service, Other Than The Municipal Police Service Of The City Of Calgary
- Administration Office Of The Calgary Police Service
- Headquarters Of Each Aboriginal Police Service
How Long Do I Stay On The NSOR?
The duration of time you must stay registered on the NSOR largely depends on your case’s severity and how likely you are to recommit a sexual offence. However, once a certain amount of time has elapsed, you can apply for a termination order. If you were sentenced with a 10-year order, you would have to wait five years before applying. A 20-year order requires you to wait 10 years before applying. Lastly, a lifetime order would require you to wait 20 years before applying for a termination order.
You can also apply for a termination order if you have been pardoned or your record has been suspended. If your application for a termination order is denied, you may re-apply after five years have passed.
Criminal Defence Lawyer For Sexual Offences
Being charged with a sexual offence can be incredibly life changing. Having to register as a sex offender will impact relationships and make it difficult to find future employment. Not only will your life change in a significant way, but you’ll also have to deal with re-registering on the NSOR for a minimum of five years, assuming your termination order is granted.
Additionally, if convicted, you won’t be able to attend public spaces where children might be present such as schools, parks, daycares, and swimming pools. Do not leave your future to chance. Speak to an experienced criminal defence lawyer to ensure you receive the best possible outcome in your case.
Contact our qualified criminal defence team at Ross Lutz Barristers. We have experience defending sexual offences and building a strong defence, to find the best possible outcome for you. Please don’t leave your freedom to chance. See how our legal collective can help you today.