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International

Canada: Edmonton judge rules national sex offender registry is unconstitutional

An Edmonton judge has ruled that the national sex offender registry is unconstitutional as it is “over broad and grossly disproportionate” and violates people of their charter rights.

In a recently released decision involving the case of an Edmonton man convicted of two sexual assaults, Court of Queen’s Bench Justice Andrea Moen found the Sex Offender Information Registration Act removed judicial discretion to refuse to place offenders who present no risk of reoffending on the registry. Full Article

Related

http://www.vice.com/en_ca/read/an-edmonton-judge-ruled-the-sex-offender-registry-list-is-unconstitutional

Join the discussion

  1. steve

    Now there’s a judge with courage and who understands the implications of someone being on the list.

  2. ML

    This judge is a breath of fresh air. Common sense and logic seem to be in short supply here in the USA, (see Judge Hamilton). Her points for her ruling make perfect sense.

  3. mike r

    its time…..wake up civil rights leaders and take down the registry at the very least for first time non-violent offenders and decades old offenders and the public notification provisions for everyone….if they are so dangerous that you have to notify the public then you need to change the laws on sentencing…bottom line….

    • John

      Hey now… get this. When I was convicted at 21 for sleeping with a 15 year old at a party, I had no idea what I did was wrong. I did think she was a little older when it happen but either way I didnt even no it was wrong. It was consensusl not by law though. Anyways my point is in my state I was convicted of a crime of voilence and well I dont think there was any. They can convict you of it if there is a possibilité of voilence occuring. First time voilent offender right here and I also deserve a second chance. It wouldn’t be voilent in any other state that I know of.

  4. American Detained in America

    Wow…now if we could only get a judge here to make such a decision! Congrats Canada, you have a judge that has declared what we’ve all known down here for years but have no judge with the balls to make such a decision!

  5. anonymousmaineiac

    If Canada’s registry is unconstitutional, then how will their courts view the United States’ registry should American ex offenders apply for asylum?

  6. Eric Knight

    Just to be clear, the Canadian sex offender registry already significantly differs from its American version. The main difference, of course is that the registry is not readily available on the Internet. In addition, most registrants are not even public knowledge, so you can’t look them up on a CD, like America once required citizens to do before the Internet. Finally, because there is no public registry, the myriad of subsequent laws, such as residency restrictions, lack of employment or educational opportunities, and felony penalties for non-registration are non-existent.

    So the ruling is significant in itself because it restricts the state from registering individuals even with all the other aspects of the registry already non-existent.

  7. G4Change

    They get it in Canada! There must not be any Price Clubs up there.

  8. Rick

    Its just another affirmation of the lawlessness our nation our politicians display. It should be fairly obvious to everyone in the u.s. and the world our nation is lost. It uses the most unsupportable facts and justifications to deny it’s own citizens their rights, and permits fear to render the constitution meaningless.

    How can any other country in the world continue to listen to the U.S? The reason is money! That’s why nations like Russia and China are beginning to establish policies to demonstrate the lack of fundamental rights in this country, and it’s working. Just watching our television shows the thirst for violence and a total lack of concern for people. It’s disgusting.

    I may have lost my way temporarily, but this country is permanently damaged. There is no acceptable form of behavior left in this country except total isolation from one another. A sad but true reality. Joke about someone here and they want to murder you, but it’s fine to take total and complete control over someone’s life and future?

    I would like to be able to say this a fad, but seriously, it’s not? There has been a reckoning in the brewing for a long time in this racist, greedy, corrupt country. Your not American in this country, your white American, black American, brown American, etc. Your not American, your rich American, poor American, convicted American. Labels, labels, labels, and a comment on Facebook can cause you to commit suicide because your life is over. This disgusting country deserves all of the pain it gets. It is full of hateful, shallow, weak, ignorant people.

    I hope this Halloween day is brutal, I hope their are plenty of stories about tragedies. I will be laughing and loving it, the same way you feel about me. Happy Halloween, hope you have a heart attack because you think someone is stalking you.

  9. mike r

    hey Rick I’m not trying to criticize you or attack you on a personal level and it’s not really my place to tell others how they should feel I just want to remind everyone not to let the inhumane monsters and traitors in this country change our core values or our humanity and empathy for people who deserve it….it’s true most of the country doesn’t deserve to be treated with humanity but I believe we should maintain ours…it’s easy to hate but a little more difficult to show humanity..

    • Rick

      To Mike r.

      It’s to little to late, the core values of mine and this country have changed. It’s all about separatism now. I always thought there was room for forgiveness, or at least tolerance in this country, but that illusion has been stripped away in its entirety. I would hope that foreigners read posts like mine and learn a valuable lesson, don’t be so intolerant. And don’t come here thinking you will be given a chance, because the countries view of foreigners is just as bad.

      My opinion isn’t just an opinion, they are facts anyone can find anytime, and if you live here you experience them. The whole idea of a diverse accepting America is dead as far as I can see. It’s displayed on TV, radio, etc, and in the personal relationships I have and have had. It’s weird, Everytime I read stories about ex patriated Americans living anywhere but here they seem to be treated well and love it, all I see here is misery.

      The hard truth is difficult, I get it. And sometimes my truth can be harsh, but at least I don’t have the power to unleash it like our traitorous judges and politicians. If you know history then you know about the “Reign of Terror” that took place in France in the 1800’s. It is happening in a more subtle way here with us, but I think it will happen shortly to them as well.

      But seriously, anyone can take advantage of our situation, any person can drive around on Halloween day and act suspicious and then we will be looked at in the most terrible way. I don’t know what to say, my feelings are what they are now, theyre not going to change. My concern is for my grandchildren who will have to fight their way through all of the hateful fear driven disgusting people in this country.

      There’s a saying, fight fire with fire, if a child is a biter, you bite them to teach them it hurts. In this case, there’s no room for being lovey dovey, we’re fighting for our lives or a life, its War and we have a million foot soldiers and growing. If it’s a separate America they want, I’m all for it, like I’ve said before, I’ve experienced it my whole life.

      And your right, it’s not your place to tell others how they should feel, this is America, the land of the hypocrite.

  10. American Detained in America

    I’m wondering if this decision will eventually affect the entire country of Canada, and if so, will it mean an end to the law that bans registered citizens of the U.S. from visiting…

    • Notgivingup

      I have wondered the same thing also, I have been to Canada many times in the 90s but have not tried since being a RC and have known I would be denied. Beautiful country.

      • Mr. D

        Folks – you can be an RC and still visit Canada. Denial is generally based on your criminal history . I had to jump through hoops last year and show them that all of my charges had been dismissed and expunged via 1203.4 and then they let me in. But I still have to register every year because I live in California. If you’ve been able to get your original charges dismissed or expunged you should be able to get into Canada regardless of your registration requirements .

        • Felons still prohibited

          A felon is still prohibited from entering the Great White North (aka Canada)…..don’t forget that.

          • Michael

            That’s actually not true. You can travel to Canada with a felony, but you must get prior approval before entering. You need to be “Deemed Rehabilitated.”

            • Thank you Michael.....got a follow up

              Interesting……I did not know that. Who do you petition for prior approval before entering?

  11. lois

    Perhaps depending on each case, being individual, the circumstances etc, but I do not at all agree, that all first time offences should avoid the sex offenders list. A violent rape of a young person, especially a child, needs to be dealt with. There has to be a consequence and once sentenced is not enough as they usually get out on day parole, full parole or what have you. Anyone, I don’t care what your age, if you violently rape a youngster, you lose that right and you need to be on the offenders list for others to be cautioned. The victim suffers enough from the crime itself let alone the very justice system that is to protect them, only to fail the victim resulting in being victimized over and over again. Our justice system is flawed. It’s up to the Judge to issue a proper sentence, and each case is different. It should not mean all first time offenders do not go on the offenders list. OMG, then you have this crime that seriously, has gotten out of hand in the first place. The victim or child victim gets a life sentence from this brutal crime, why should the offender not get something to think about, and prevent them from doing it again! You harm someone, especially a child or teen, you lose the right…

    • Harry

      lois, I know far more children going through ‘living hell’ because of drug use, victims of home violence and even break up their families, because of divorce. Actually the registry are preventing the reporting of sex crimes and the registry is a ‘brutal crime’ against the registrant’s children and families. Most offenses are not rape and other violent acts against children. What you saying is less than 1%.

      • Michael

        “… the registry is a ‘brutal crime’ against the registrant’s children and families.”

        You are aware that over 50% of kids are abused by a family member, yes?

        Less than 20% is related to “stranger danger.”

    • HOOKSCAR

      Really!!!! Lios!! You think a registry is constitutional? It isn’t. Name any other crime besides arson or drug offenses that have this stigma. It is not constitutional. You know what was said by my “victims” on the police report. “We did it to get rid of Joe.” That in of itself shows the entrapment that was used. They never went to any counseling. So don’t come on here and toot your horn about how “victims” are damaged for life. Yes, bad things happen in life. I’ve been abused as a kid. Most of us have. Thing is, once you are done with what the courts sentence you to, your obligation to the government is done. Like murder, manslauter, DUI, assault. Get my point.

    • Rick

      Oh please stop, you lose the right, give it a break with the morality and child protection nonsense. Does your constitution say anything about losing rights. Do people who abuse and neglect children or teens lose any rights. What about your murderers, drunk drivers (and don’t give me it was an accident crap), arsonists, terrorists, bullies, assaulters, anyone else at all? I get it, you roll with the opinions of others, your just a follower, because your argument and issues are seriously biased. This stuff isn’t something new, you know, it’s a part of the human dilemma. You think a registry will make you safe? No one is safe, anywhere, at any time it can all be over, and no registry will help you.

      Honestly, if I even thought for a moment a registry would protect someone I would allow it, but it wont. Anyone can find the same information on any conviction website. What are you gonna do, watch your family 24-7? What about all the ones you dont know about. Yea, I would agree it’s tragic for anyone to be victimized, but everyone is in one way or another, aren’t they? You’ve never been abused, discriminated against, assaulted? Oh well, you should already know this information, but apparently you don’t, anyhow you have a right to your opinion, like everyone does, but you have no right to take away someone’s rights or citizenship after they’ve been punished. Your supposed to try and help people, not give up on them.

      Maybe you would give up on your own child under certain circumstances, yea, sounds about right!

    • Thank you Lois.....

      Thank you Lois for your thoughts, but now go back to your cave where you came from.

      A victim can either choose to be a victim for the rest of their life or choose to move forward while not being a victim. Their choice, not yours, the machine or the politicians to say they should be a victim.

      There is no need for registry to be public, let alone a registry for a lifetime regardless of the offense. There is a set of laws already that can deal with the individual where a registry is not required, they just need to be applied.

      Most importantly, no one condones any acts perpetrated against a young person, or anyone, either here….ever.

    • Michael

      “… why should the offender not get something to think about, and prevent them from doing it again!”

      You can’t legislate morality. Laws do not deter crime. If that were true, why do we still need police, prosecution or courts? Shouldn’t crime in general be a thing of the past?

      No. SOR laws do not protect kids. Fact is, according to the National Association of Adult Survivors of Child Abuse, 68% of child victims are abused by family. You want to protect kids? Ban reproduction.

      ….

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