CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Reasonable limits - Oakes test - Specific remedies -

Law360 Canada (October 28, 2022, 12:25 PM EDT) -- Appeal by Ndhlovu from a decision of the Alberta Court of Appeal that overturned a sentencing judge’s declaration that ss. 490.012 and 490.013(2.1) of the Criminal Code were unconstitutional. In 2015, then 23-year-old Ndhlovu pled guilty to two counts of sexual assault with respect to assaults that had occurred against two complainants at a party in 2011. Ndhlovu had no previous record. He was remorseful, took responsibility for his actions and had stopped drinking to excess. The sentencing judge found Ndhlovu was unlikely to reoffend. Ndhlovu was sentenced to six months’ imprisonment and three years’ probation. Pursuant to ss. 490.012 and 490.013(2.1) of the Criminal Code, he was also subject to a mandatory lifetime registration in the national sex offender registry created by the Sex Offender Information Act (SOIRA). Ndhlovu challenged the constitutionality of ss. 490.012 and 490.013(2.1) of the Criminal Code. The sentencing judge concluded the provisions breached s. 7 of the Charter, as they were overbroad and disproportionate, and were not saved by s. 1. A majority of the Court of Appeal found neither provision violated s. 7 and allowed the Crown’s appeal....
LexisNexis® Research Solutions

Related Sections