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441-01210 (Justice)

Paper petition

Original language of petition: English

Petition to the Government of Canada and the Attorney General of Canada

WHEREAS:

  • Sexual violence against children has increased 118% between 2010 and 2017 according to the Canadian Centre for Justice Statistics;

  • Just over one quarter (27%) of Canadians has experienced abuse before age 15 according to Statistics Canada;

  • In 2016, 11,741 sexual offences were committed against children under the age of 17 according to Statistics Canada;

  • Statistics show that the Sexual Offender Information Registry Act (SOIRA) has rarely been used by police agencies for its stated purpose - protecting society through the effective prevention and investigation of crimes of a sexual nature;

  • On September 16, 2021, the horrific and preventable murders of Mchale Erica Busch (age 24) and her baby son, Noah Lee McConnell (age 16 months), in their apartment building in Hinton, Alberta, were allegedly perpetrated by Robert Keith Major, age 53, who was a known, previously convicted sex offender with multiple criminal convictions; and

  • Mchale Busch and her fiancé, Cody McConnell, had no knowledge that the alleged offender was living in the apartment adjacent to theirs, as they had only moved in 10 days prior and had no connection to the accused. The complex was a family-friendly building where many children resided and was close to two playgrounds and a school. Police allege that the murders took place in the building.

We, the undersigned citizens and resident of Canada, respectfully request that the Government of Canada and the Attorney General of Canada immediately make legislative changes to the Criminal Code of Canada and SOIRA to:

  • 1. Require mandatory reporting by convicted sexual offenders to the nearest police station upon any change of residence;

  • 2. Clarify that failure to report as required is an offence for which an arrest warrant shall be issued; and

  • 3. Create a specially designated offender classification for persons convicted of sexual assault offences against children where a sentence of more than two years is imposed or for offenders convicted of two or more violent sexual offences or offences involving abduction of women and/or children; persons so classified would be included in a special database accessible to police upon request of tenants, proposed tenants or landlords of multi-person rental residences to ascertain whether a designated offender lives in the residence or was applying to; no name would be released, but inquirers would be informed that a specially designated offender lives at the residence or was a prospective tenant.

Response by the Minister of Justice and Attorney General of Canada

Signed by (Minister or Parliamentary Secretary): The Parliamentary Secretary Gary Anandasangaree

Sexual offences, particularly against children, are amongst the most egregious crimes. Protecting Canadians from sexual offenders is a top priority for the Government.

Bill S-12, An Act to amend the Criminal Code,the Sex Offender Information Registration Act and the International Transfer of Offenders Act, introduced April 26, 2023 in the Senate, responds directly to a Supreme Court of Canada decision and strengthens the National Sex Offender Registry.

This legislation would ensure that everyone in Canada – survivors of sexual assault and their families in particular – can feel safe and have confidence in our criminal justice system, knowing that tools are in place for police to prevent and investigate sexual crimes.

Under Bill S-12:

  • anyone convicted of a sexual offence against a child, when prosecuted by indictment and sentenced to two years or more in prison, as well as any repeat sexual offender, would be automatically required to register on the National Sex Offender Registry;
  • all other sexual offenders would also be required to register, unless they can demonstrate to a judge that they pose no risk to the community; and,
  • judges would be able to impose lifetime registration for sexual offenders who are found guilty of more than one offence at the same time, if the pattern of offending demonstrates a risk of reoffending.

Bill S-12 would also strengthen the National Sex Offender Registry as a law enforcement tool in many other ways. The Bill proposes to add five new designated offences for which an individual can be added to the Registry, including the non-consensual distribution of intimate images, so called “sextortion”, and aggravated sexual assault of a person under 16.

In addition, Bill S-12 would create a compliance warrant scheme authorizing police to seek a warrant to arrest an offender who is non-compliant with their Sex Offender Information Registration Act (SOIRA) obligation and bring them to a registration center to facilitate compliance. If an offender complies, a charge for non-compliance would be precluded.

The Bill also contains a summons provision to permit courts to compel an offender to return to court for a consideration of their SOIRA obligation in situations where this issue was not considered at sentencing. Further, under the Bill, registered offenders would be required to provide law enforcement with at least 14 days’ notice and a specific address of destination when travelling, when possible.

Finally, Bill S-12 empowers survivors and victims of crime by giving them greater voice and agency in the criminal justice process, namely through amended publication ban provisions and enhanced access to information.

The Government will do everything in its power to protect Canadians, especially the most vulnerable, and to help give a voice to the victims.

Response by the Minister of Public Safety

Signed by (Minister or Parliamentary Secretary): Pam Damoff, M.P.

The Sex Offender Information Registration Act (SOIRA) already establishes reporting obligations for a registered sex offender in relation to a change of residence.

Under section 4.1(1)(a) of the SOIRA, an offender subject to a SOIRA order is obligated to report to a registration centre any change in their main residence or secondary residence within seven days. If the offender is required to report to a registration centre designated under the National Defence Act, the offender must do so within 15 days.

Presented to the House of Commons
Blaine Calkins (Red Deer—Lacombe)
March 28, 2023 (Petition No. 441-01210)
Government response tabled
May 11, 2023
Photo - Blaine Calkins
Red Deer—Lacombe
Conservative Caucus
Alberta

Only validated signatures are counted towards the total number of signatures.