OTTAWA – A Liberal bill that will add victim input to the publication ban decision process and change the way the national sex offender registry works has received Royal Assent.
The new law requires judges to ask Crown attorneys whether they have sought the victim’s input when seeking a publication ban, and requires that victims’ preferences for receiving information about their case after an offender is sentenced be recorded.
It also adds new offences to the list of offences that can lead to someone being placed on the register, including non-consensual sharing of intimate images and blackmail.
The law also changes the criteria for automatically adding sex offenders to the register, in response to a Supreme Court ruling last year.
The change comes a year after the Supreme Court ruled that it was unconstitutional to include all people convicted of sexual offences on the register and struck down related parts of the Criminal Code.
Now, repeat sex offenders and those deemed to be serious child sex offenders will be added automatically, but others will be able to avoid being listed if they can prove they do not pose a risk to the community.
The bill, which originated in the Senate as Bill S-12, was passed in the House of Commons on Wednesday night and received Royal Assent on Thursday.
“This bill gives victims a greater voice in our criminal justice system and makes the National Sex Offender Registry more effective,” Justice Minister Arif Virani said in a statement on Thursday night.
“These changes strengthen our justice system by helping to ensure that victims and survivors are protected, their rights are respected and their voices are heard.”