Supreme Court Of Canada Rules That Ontario Sex Offender Registry Law Unconstitutionally Discriminates On The Basis Of Mental Disability

• Published date: 11 December 2020
• Law Firm: McCarthy Tétrault LLP
• Author: Canadian Appeals Monitor and Ljiljana Stanic

In Ontario (Attorney General) v. G, 2020 SCC 38, the Supreme Court of Canada considered the constitutionality of Christopher's Law, which requires individuals who are convicted or found not criminally responsible on account of mental disorder ("NCRMD") of a sexual offence to register with Ontario's sex offender registry and report in person on an ongoing basis. Offenders who have been found guilty may, in certain cases, be removed or exempted from the registry, or exempted from the reporting requirements. By contrast, individuals found NCRMD could never be removed or exempted from the registry, or relieved of their obligations'even if, like Mr. G in this case'they had received an absolute discharge from a review board. The Court held unanimously that Christopher's Law drew discriminatory distinctions between individuals found guilty and individuals found NCRMD of sexual offences, contravening the right to equality in section 15(1) of the Charter of...