“This system is the result of discussions between provincial, territorial and federal ministers of justice and is designed to provide police with an added tool to investigate crimes of a sexual nature,” said Attorney General Dover. “We are pleased to be able to work with the RCMP “L” Division, police agencies and the federal government to ensure that police have the best tools available to ensure the safety and security of Islanders.”

The sex offender database will allow police to conduct a search according to a full or partial address and the offence of a sex offender or both. Offence information and registration information will be included, as well as other pertinent identification information such tattoos and other distinguishing marks.

“All police agencies across PEI will have access to the data in the National Sex Offender Registry,” said Chief Superintendent Robar. “The purpose of collecting and maintaining this data is to enhance public safety by assisting the police in the investigation of crimes of a sexual nature and identifying possible suspects known to reside near an offence site. Our ultimate goal is to ensure safe homes and safe communities in this province.”

Convicted offenders will be required to register within 15 days following a court order for registration or release from custody. They will be required to re-register annually, and within 15 days of a change of residence. All individuals currently under sentence (incarceration, parole, probation or conditional sentence) will be served with a notice to comply with the Sex Offender Information Registration Act (SOIRA).

They will also be obligated to provide local police with information such as addresses and telephone numbers, names and alias(es) and identifying marks and tattoos. Penalties will be imposed for failing to comply with a registration order or for not giving truthful information.

The backbone of the sex offender registry is the new National Sex Offender Database, which is maintained by the RCMP. The information in the database will only be accessible by accredited law enforcement agencies and serves more than 60,000 law enforcement officials in every province and territory.

The public does not have access to the National Sex Offender Registry. It is a database that provides Canadian police services with important information that will improve their ability to investigate crimes of a sexual nature.

Each province and territory is required to establish a local Sex Offender Registration Centre. The Prince Edward Island Sex Offender Registration Centre will be located at the East Prince Detachment of the RCMP “L” Division in North Bedeque.

BACKGROUNDER

National Sex Offender Registry:

The Government of Canada, in cooperation with the provinces and territories, is creating a national sex offender registration system to enable police to have rapid access to current vital information about convicted sex offenders.

The National Sex Offender Registry will be implemented on December 15, 2004.

History of the Legislation:

The Sex Offender Information Registration Act (SOIRA) was originally introduced as Bill C-23 in the House of Commons on December 11, 2002. The legislation was developed in response to the unanimous requests of the provinces and territories in 2001 to establish a national Sex Offender Registry. It died after first reading in the Senate when Parliament prorogued on November 13, 2003. In early 2004, the SOIRA was nominated for reinstatement upon the resumption of Parliament. On February 12, 2004, Bill C-16 (formerly Bill C-23) was re-introduced to the House of Commons. On April 1, 2004, Bill C-16 received Royal Assent thereby effecting the creation and implementation of a National Sex Offender Registry (NSOR).

Sex Offender Database:

The cornerstone of the NSOR is the new National Sex Offender Database that will be maintained by the RCMP.

The information in the database will only be accessible to accredited police agencies and will be used for the main purpose of investigating unsolved crimes of a sexual nature.

The database is designed to be searchable by local police by specific criteria (i.e. geographical area, postal code area, modus operandi, physical attributes of offender, etc.), producing instant lists of previously convicted suspects matching the facts of a specific offence.

The responsibility of the registry’s administration and associated costs lies with the provinces/territories and local police agencies. Federal expenses have been limited to a $2 million capital start-up budget to assist the RCMP in the development of the national sex offender database, and $400 thousand towards the annual operating costs of this database.

Tools to help Police investigate Sex Offences:

The database will serve over 60,000 law enforcement officials in every province and territory.

The NSOR will play a major role in the protection of youth by enhancing investigations of sexual offences involving children and adults. It will also assist with the quick identification of repeat sex offenders.

The new national registration system will enhance public protection and improve investigations of sex offences, by identifying possible suspects known to reside near to the offence site. An officer will be able to instantly obtain a list of sex offenders who are registered and living in the area, if there is “reasonable grounds to suspect” that a sex offence has occurred.

Dealing with Sex Offenders:

The SOIRA provides for retrospectivity, that is, it will allow for the inclusion of names of offenders under sentence for sex offences, as of the date of proclamation (December 15, 2004).

Convicted offenders will have to report to a registration centre within 15 days following a registration order issued by a court, and when an offender is released from incarceration, if given a custody disposition. Re-registration will be required annually and within 15 days of a change of residence.

Offenders will be required to provide their address to local police, and to keep current information such as home phone numbers, name changes and alias(es), and identifying marks and tattoos.

The Act creates a new Criminal Code hybrid offence for failure to comply with the terms and conditions of a registration order, or for providing false information, punishable by a maximum of two years imprisonment and/or a $10,000 fine.

FACT SHEET

Key Facts:

The backbone of the National Sex Offender Registry is a national sex offender database, which is maintained by the RCMP.

Persons convicted of a designated sex offence as defined by the Sex Offender Information Registration Act (SOIRA) may be ordered by the court to register within 15 days of conviction and/or release from prison.

A person convicted of a designated sex offence who is under court order is required to re-register annually and every time they change address or legal name to the appropriate registration centres.

Persons under order after having been convicted of a sex offence are required to remain registered for 10 years, 20 years or life – depending on the maximum length of the sentence for the crime.

The public does not have access to the National Sex Offender Registry. It is a database that provides Canadian police services with important information that will improve their ability to investigate crimes of a sexual nature.

Background:

In partnership with the provinces and territories, the Government of Canada is creating a National Sex Offender Registry to provide rapid access by police to current vital information about convicted sex offenders.

On April 1, 2004, the Ministry of Public Safety and Emergency Preparedness announced that legislation to create a national sex offender registry (Bill C-16, Sex Offender Information Registration Act [SOIRA]) received Royal Assent. It was proclaimed as law and came into force on December 15, 2004.

Ensuring Public Safety:

Accredited police agencies in every province and territory can access the database. This new tool enhances public safety by assisting in the investigation of crimes of a sexual nature and identifying possible suspects known to reside near to the offence site. An officer is able to search for registered sex offenders living in the area.

The RCMP is responsible for the administration and maintenance of the database. Police in the various jurisdictions across Canada are responsible for inputting the data and enforcing the registration provisions.

The following Criminal Code offences have been included as designated offences under the SOIRA:

• sexual interference;

• invitation to sexual touching;

• sexual exploitation;

• incest;

• bestiality;

• child pornography (making, possession, distribution);

• parent or guardian procuring sexual activity;

• exposure;

• sexual assault;

• sexual assault with a weapon, threats to a third party or causing bodily harm; and

• aggravated sexual assault;

• as well as select offences where it can be proven that the offence was committed with the intent to commit an offence of a sexual nature;

• and an attempt or conspiracy to commit the above offences.

Information such as addresses and telephone numbers, offence, alias(es) photograph, identifying marks and tattoos of convicted sex offenders are included in the national database.

Persons convicted of a sex offence are required to re-register annually and every time they change address or legal name.

There are penalties for failing to comply with a registration order or for not giving truthful information.

• First Offence: a fine of not more than $10,000, imprisonment of not more than six months, or both.

• Subsequent Offence(s): a fine of not more than $10,000, imprisonment for a term of not more than six months (summary conviction) or two years less a day (indictable), or both.

For more information, visit www.rcmp-grc.gc.ca.