SENTENCING - Sexual interference - Sexual offences against children - Seriousness of offence

Law360 Canada ( July 10, 2025, 11:40 AM EDT) -- Appeal by Crown from refusal of sentencing judge to impose Sex Offender Information Registration Act (SOIRA) order. Eldon, a stranger to the 15-year-old victim BG, offered her drugs, lured her to a room, forced her to perform oral sex and forcibly had sexual intercourse with her. Eldon pleaded guilty to sexual interference and received two years less a day imprisonment and three years’ probation. The Crown sought a SOIRA order under s. 490.012(3) of the Criminal Code, requiring Eldon to comply with the SOIRA for 20 years. The sentencing judge declined to make the SOIRA order, finding it would be “grossly disproportionate” to the risk of reoffending. The Crown contended that the sentencing judge erred in declining to make a SOIRA order against Eldon. Eldon maintained that the sentencing judge correctly and reasonably declined to make a SOIRA order....
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