What is SOIRA?
SOIRA stands for the Sex Offender Information Registry Act. The purpose of this act is stated to “help police services prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders”. Under this law, a person convicted of or found not criminally responsible due to mental illness, of a compulsory designated sexual offence is required to report to a registration centre and provide the following information:
• (a) their given name and surname, and every alias that they use;
• (b) their date of birth and gender;
• (c) the address of their main residence and every secondary residence or, if there is no such address, the location of that place;
• (d) the address of every place at which they are employed or retained or are engaged on a volunteer basis — or, if there is no address, the location of that place — the name of their employer or the person who engages them on a volunteer basis or retains them and the type of work that they do there;
• (d.1) if applicable, their status as an officer or a non-commissioned member of the Canadian Forces within the meaning of subsection 2(1) of the National Defence Act and the address and telephone number of their unit within the meaning of that subsection;
• (e) the address of every educational institution at which they are enrolled or, if there is no such address, the location of that place;
• (f) a telephone number at which they may be reached, if any, for every place referred to in paragraphs (c) and (d), and the number of every mobile telephone or pager in their possession;
• (g) their height and weight and a description of every physical distinguishing mark that they have; and
• (h) the licence plate number, make, model, body type, year of manufacture and colour of the motor vehicles that are registered in their name or that they use regularly.
A SOIRA order can still be made for a non-compulsory designated offence if the prosecution makes an application to the court and proves that the non-compulsory offence was committed with intent to commit a compulsory designated offence.
What are Compulsory Designated SOIRA offences?
The following are designated and therefore compulsory SOIRA offences:
• subsection 7(4.1) (offence in relation to sexual offences against children),
• section 151 (sexual interference),
• section 152 (invitation to sexual touching),
• section 153 (sexual exploitation),
• section 153.1 (sexual exploitation of person with disability),
• section 155 (incest),
• subsection 160(3) (bestiality in presence of or by a child),
• section 163.1 (child pornography),
• section 170 (parent or guardian procuring sexual activity),
• section 171.1 (making sexually explicit material available to child),
• section 172.1 (luring a child),
• section 172.2 (agreement or arrangement — sexual offence against child),
• subsection 173(2) (exposure),
• paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),
• subsection 212(2) (living on the avails of prostitution of a person under age of eighteen),
• subsection 212(2.1) (aggravated offence — living on the avails of prostitution of a person under age of eighteen),
• subsection 212(4) (obtaining prostitution of person under age of eighteen),
• section 271 (sexual assault),
• section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
• paragraph 273(2)(a) (aggravated sexual assault — use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization),
• paragraph 273(2)(a.1) (aggravated sexual assault — use of a firearm),
• paragraph 273(2)(b) (aggravated sexual assault), and
• subsection 273.3(2) (removal of a child from Canada);
What are the non-compulsory designated offences?
The following are non-compulsory designated SOIRA offences.
• subsection 173(1) (indecent acts),
• section 177 (trespassing at night),
• section 230 (murder in commission of offences),
• section 234 (manslaughter),
• paragraph 246(b) (overcoming resistance to commission of offence),
• section 264 (criminal harassment),
• section 279 (kidnapping),
• section 279.01 (trafficking in persons),
• section 280 (abduction of a person under age of sixteen),
• section 281 (abduction of a person under age of fourteen),
• paragraph 348(1)(d) (breaking and entering a dwelling house with intent to commit an indictable offence),
• paragraph 348(1)(d) (breaking and entering a dwelling house and committing an indictable offence),
• paragraph 348(1)(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and
• paragraph 348(1)(e) (breaking and entering a place other than a dwelling house and committing an indictable offence);
How long does an order for the sex-offender registry last?
The minimum term of a SOIRA order is ten years. Orders of 20 years and life can also be made. A person may apply for a termination of the order once she/he receives a record suspension (formerly pardon).
Take the Next Step
Having your name on the national sex offender registry can be devastating. If you or someone you know is facing criminal charges for sexual offences, Lakin Afolabi is a criminal defence lawyer in London, Ontario who has enjoyed great success defending person charged with sex offences. Call him now for a consultation.