Among potential penalties if convicted of a criminal sexual offence in Toronto is mandatory inclusion on the Ontario Sex Offender Registry (OSOR). The registry is designed to help law enforcement agencies investigate sex-related crimes and keep track of high-risk sexual offenders. It was enacted into law in 2001 following the abduction, sexual assault, and murder of 11-year-old Christopher Stephenson by a repeat sexual offender. The registry is commonly referred to as “Christopher’s Law.”

While Ontario was the first province to establish a sex offender registry, the federal government enacted a similar system under the Sex Offender Information Registration Act (SOIRA) in 2004. Both were developed under recommendations provided by the coroner’s inquest into the Stephenson abduction and death. OSAR operates concurrently with the federal registry which provides interagency law enforcement access to either. Both registries also operate under nearly identical conditions and compliance mandates.

In short, if you have been placed on one registry, you are essentially on the other one, too. For the purposes of this article, references regarding OSAR apply equally to SOIRA unless indicated otherwise.

How Does the Sex Offender Registry Work?

Those convicted of a sexual offence and ordered to register as a sexual offender will be required to comply with OSAR mandates for either a minimum of 10 years or for life, depending upon the conviction terms. Those with more than one sexual offence conviction, or conviction that results in a prison term exceeding 10 years, are subject to lifetime inclusion on the registry. All others are subject to the 10-year inclusion term. The national sex offender registry, it should be noted, also includes a 20-year registry term.

Reporting requirements mandate that offenders must register with their local police jurisdiction within seven days of completing any custodial sentencing, or after conviction if not sentenced to prison or jail time. Registration involves providing police with:

  1. Details about the related sex offence(s).
  2. Name and valid proof of identity.
  3. Telephone numbers.
  4. Physical descriptors, including height, weight, build, gender, race, scars, tattoos or other distinguishing features.
  5. Residential address and details regarding current employment, education, and associations.
  6. Current photos.
  7. Vehicle ownership and/or use details, including registration and license numbers.
  8. Passport information

Offenders are required to update police on these details annually. They must also report within seven days any change of address or name change, as well as any travel away from home of more than a week’s duration.

Penalties for non-compliance include fines of up to $25,000 and prison sentences of up to two years.

Who is Considered a Sex Offender?

Under the Canada’s Criminal Code, more than 25 designated sex offences can result in a sex offender registration order upon conviction. Most of these offences mandate automatic inclusion on the registry upon conviction, though there is judicial discretion with some. Even if not sentenced to prison or jail time for the offense, a conviction can still lead to a sex offender registration order. Youth offenders can only be required to register if convicted and sentenced as an adult for the sexual offence.

Bottom line is that if you are convicted of a sexual offence in Ontario, there is a strong likelihood that you will be required to register as a sex offender. Consider that a criminal conviction for sexual assault results in automatic inclusion on the registry. Sexual assault covers a broad range of activities, including unwanted sexual touching. Thus, a drunken college kid who thinks it might be funny to slap a pretty girl’s behind risks potential sex offender registration if she decides to file charges.

Given the onerous conditions of being a registered sex offender, not to mention potential incarceration, fines, probation, and other sanctions, it is always important to consult with a skilled sexual assault lawyer if charged with a sexual offence.

Convictions Under Which One Can Be Put On the Sex Offender Registry

The number of offences that can lead to a sex offender registry order in Ontario is broad. If the crown can prove intent, charges relating to conspiracy or attempting to commit a sexual offence can also lead to an OSAR order. Sex offence convictions that can result in a sex offender registry order include:

  • Sexual assault
  • Sexual assault with a weapon
  • Sexual assault causing bodily harm
  • Aggravated sexual assault
  • Invitation to sexual touching
  • Sexual exploitation of those ages 14-18
  • Sexual exploitation of a person with a disability
  • Child pornography
  • Accessing child pornography
  • Parent or guardian procuring sexual activity
  • Online child luring
  • Exposure to a person under age 14
  • Living on the avails of prostitution of a person under age 18
  • Obtaining prostitution of person under age 18
  • Voyeurism
  • Bestiality
  • Bestiality in the presence of a child
  • Incest

Who Can Access the Registry?

Access to OSAR and the national sex offender registry is strictly limited to law enforcement agencies. Police have direct access to the registries 24/7. This provides them with rapid response capabilities in child abductions and sex-related crimes investigations. It also allows them to monitor and easily locate sex offenders within their communities.

Public disclosure of specific sex offender information on OSAR is only allowed under strict protocols if an offender is deemed a significant and imminent threat to the community. Similar disclosures are provided for under the national sex offender registry.

The public disclosure restrictions are believed to contribute to a much higher compliance rate by sexual offenders. This in turn increases the accuracy and integrity of the national and Ontario sex offender registry lists.

Is the Early Termination of a Sexual Offender Registry Order Possible?

Early termination of a sexual offender registry order is possible, but not easy. Even with early termination, an offender’s information remains in the registry database. A termination just means that the offender no longer has to comply with sex offender registry requirements. The only means of expunging personal information from either registry is through an acquittal on appeal or based on a government pardon.

The biggest difference between the Ontario sex offender registry and the national one is that it’s easier to terminate a sexual offender registry order from the latter—though not by much. SOIRA allows offenders to apply for a judicial review after five years for a 10-year order, and after 10 years for a 20-year order. Those subject to a lifetime order can apply for judicial review after 20 years. If unsuccessful, offenders can then petition the court every five years thereafter.

A judge will only grant a termination order if the court “is satisfied that the person has established that the impact on them of continuing an order or an obligation . . . would be grossly disproportionate to the public interest in protecting society [with the help of the offender’s registration information].”

The Ontario Sex Offender Registry does not provide provisions for early terminations except in cases where the offender has received a pardon or a record suspension.

If you need legal support, contact Vilkhov Law for a free consultation:

Toronto Criminal Defence Lawyer
Etobicoke Criminal Defence Lawyer
Scarborough Criminal Defence Lawyer
Newmarket Criminal Defence Lawyer
Brampton Criminal Defence Lawyer
Mississauga Criminal Defence Lawyer

By |2023-10-18T19:01:39+00:00January 14th, 2021|Sexual Assault|

4.2/5 - (6 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 165 reviews fromAmirreza AmirrezaAmirreza Amirreza ★★★★★ Very happy with the service.He helped me a lot for a case which my ex-wife was setting me up for.Fair price, responsiveSasan FaghihSasan Faghih ★★★★★ Quite happy with the service, responsive, took care of my matter effectively.PetruPetru ★★★★★ ⭐️⭐️⭐️⭐️⭐️Vilkhov Law Professional Corporation – Igor VilkhovI’m very grateful to Igor Vilkhov for helping me through a difficult and stressful situation. I was falsely accused of a criminal offense involving a weapon, and thanks to Igor’s professionalism, knowledge, and dedication, everything was handled properly and the matter was resolved.He was always calm, clear, and supportive, which made a big difference during such a challenging time. I highly recommend Vilkhov Law to anyone who needs strong, trustworthy legal help.Thank you again, Igor!GhostGhost ★★★★★ Thank you so much to Igor. V, Daniel. S and especially Ecem. K.They are the best lawyers in Toronto. I had many cases and they all got resolved better then I expected. I'm so happy to have chosen Vilkhov Law Firm to represent me. I highly recommend. They will be my lawyer for the rest of my life. This is the GOLDEN TICKET LAWYER TO FREEDOM.Zahra Heidarian YavandZahra Heidarian Yavand ★★★★★ 🌟🌟🌟🌟🌟I had an outstanding experience working withIgor Vilkhov . From the very beginning, they were incredibly professional, dedicated, and attentive. They handled my case with the utmost care and expertise, and thanks to their hard work, we achieved a favorable outcome.They were always accessible and took the time to explain every step of the process in a way that eased my anxiety. I truly appreciated their patience, empathy, and responsiveness—they never made me feel alone in the process.What really stood out was their commitment to detail and how thoroughly they followed up on every aspect of the case. I could tell they genuinely cared about helping me, not just as a client, but as a person.I highly recommend Igor Vilkhov to anyone seeking legal support. They go above and beyond and deliver results with integrity and compassion.Thank you again for everything!Sean MacNeilSean MacNeil ★★★★★ I cannot recommend Igor's Law Firm highly enough! From start to finish, they took care of absolutely everything, making a stressful situation feel manageable. They ensured I was thoroughly prepared for every step, patiently explaining the process and what to expect.What truly sets this firm apart is Igor's uncanny ability to pick the right people for the right moment. This meant I never had to worry about his judgment; my faith in him and his team was incredibly well placed.When it came to my case, they didn't hesitate to take it on and provided invaluable support leading up to and during the actual court date. My representation on the day, Jackie, was beyond prepared – exactly the kind of sharp, knowledgeable lawyer you want fiercely advocating for you. Her meticulous preparation and strategic thinking were truly impressive.Behind the scenes, Daniel was instrumental in facilitating the flow of information, making sure everything got to the right people efficiently. And a huge shoutout to Joel for his incredible ability to recall and pull relevant, even obscure, case law at precisely the right moment – a testament to his deep expertise.The entire team at Igor's Law Firm operates with professionalism, dedication, and a genuine commitment to their clients. If you're looking for a legal team that truly has your back, look no further.Elijah L.Elijah L. ★★★★★ I had a great experience working with Attorney Igor Vilkhov and his law clerk Daniel Slobodkin. I am an attorney for criminal law and administrative law in California. They previously represented a client of mine about 2 years ago in a serious criminal matter. Thanks to their excellent advocacy and hard work, the charges were withdrawn by the court due to no reasonable prospect of conviction. Their hard work helped bring about a just outcome and absolve my client of the charges.Recently this month, I (as well as my client’s separate firm) needed access to my client’s past criminal case materials for another administrative matter. Mr. Vilkhov and Mr. Slobodkin were extremely helpful and professional in providing the necessary documents and court transcripts. Their prompt assistance and continued support, even years after the case concluded, truly stood out. Mr. Vilkhov was very professional and courteous and his law clerk Daniel was incredibly helpful and friendly, especially toward my client. Daniel also assisted me with filling out the court transcript order form since I am not too familiar with the Canadian court process, titles, numbers or labels.Their professionalism, responsiveness, and dedication to their clients are commendable, even years after my client’s case was concluded. I highly recommend Igor Vilkhov and Daniel Slobodkin to anyone in need of skilled and trustworthy legal representation in criminal defense.Lucia GurzauLucia Gurzau ★★★★★ I had an outstanding experience working with Igor Vilkhov. From our first consultation to the final resolution of my case, they demonstrated exceptional professionalism, deep legal knowledge, and genuine care for my situation. They communicated clearly, responded promptly, and always kept me informed throughout the process. Thanks to their dedication and expertise, we achieved a successful outcome. I highly recommend Igor Vilkhov to anyone in need of reliable and effective legal representation.BillyBilly ★★★★★ Igor is an unreal lawyer to say the least. Igor is a skilled attorney that is personable and reasonable. He was kind enough to explain the process and got me the results I needed. Would absolutely recommend him, excellent criminal lawyer.Ken ThamKen Tham ★★★★★ I cannot express how wonderful it was to work with and be represented by Igor and his team. Right from the start, Igor showed he cared - by listening, showing compassion and empathy for my situation, yet being fully transparent and honest about the process. He answered any and all of my questions and made me feel very secure and at ease. I got the result I wanted and Igor was true to his word in how things would play out. I would not hesitate to call upon Igor again, if needed, and would certainly recommend him. Thanks Igor!B KhanB Khan ★★★★★ Randy RaczRandy Racz ★★★★★ Lucas DeanLucas Dean ★★★★★ Incredibly talented and hard working team of lawyers in all of Ontario, and possibly the country. I cannot properly convey how extraordinary the team at Vilkhov law is. Igor was always willing to take my calls and alleviate my concerns. Joel and Jackie did tremendous work on my trial and spent countless hours working to ensure I was properly prepared for anything.I spent 6 months incarcerated at Toronto South Detention and Igor and his team were always willing to take my calls and even visited me while I was in jail.I am happy to state that I was acquitted of the most serious charges, and received a discharge for the lesser charges. My matters will be finalized shortly and I cannot wait to be free to live my life once more.To Igor, Joel, Jacklyn, and Daniel:Thank you for everything. I wish you all the very best in your pursuits and I will be sure to recommend you as often as possible.Mukesh SethiMukesh Sethi ★★★★★ Igor, provided exceptional legal representation, demonstrating expertise, professionalism, and dedication throughout my case. His strategic approach and deep understanding of criminal law led to a favourable outcome. I highly recommend Igor to anyone in need of a skilled and reliable criminal defence attorney.matthew jmatthew j ★★★★★ I was charged for the very serious offence Igor and his team got me Got my charges acquitted and I was free after 31 months, including a trial, Igor and his team are wonderful at what they do. Highly recommend couldn’t thank Igor enough.Joe OroszJoe Orosz ★★★★★ Igor did an amazing job. Was looking at 4 years 3 charges. Not guilty on all counts. I'd recommend him highly. He assured my freedom, he will do the same for you.Mehboob PatelMehboob Patel ★★★★★ E ME M ★★★★★ Igor is, without a doubt, one of the top lawyers in the country. When I approached him with my case, I was uncertain about the outcome. However, Igor's exceptional support and guidance alleviated my concerns. He was always available to answer my questions, and his flexible payment plan was a huge relief.What impressed me most was Igor's unwavering confidence and commitment. He assured me that he never backs down from trials, and his reputation precedes him. This is what kept me at peace through out the case.Throughout the process, Igor handled my case with utmost professionalism, keeping me informed every step of the way. His office was incredibly helpful, providing regular updates and ensuring a seamless experience.I had 2 charges which have severe consequences but the outcome of my case exceeded my expectations, thanks to Igor's expertise and dedication. I couldn't recommend him more highly, especially for those facing criminal cases. Igor truly goes above and beyond, and his services are unparalleled.x NoVAx NoVA ★★★★★ Igor did amazing job, I was very stressed out when I found out I had been charged with SA but every step of the Igor was there for me and was looking out for my best interest. He was always responsive and kept me up to date with all updates given to him and directly to me, if he wasn’t available he always had someone update me. Got me off my charges and helped me save jail time. Igor is the guy you need if you’re involved in any sort of similar situationforrzen Sherzadforrzen Sherzad ★★★★★ Dear Igor, I just wanted to take a moment to express my heartfelt gratitude for everything you’ve done for us. Your hard work and dedication in getting my husband released from jail mean the world to me. I’m so incredibly happy right now, and I truly believe you are the best lawyer ever!Your expertise and support throughout this process have been invaluable, and I can’t thank you enough. I will definitely be referring you to all my friends and family, and I’ll be leaving a 5-star review to share how amazing you are. Thank you again for everything! 🙏🏽🙏🏽🙏🏽🙏🏽❤️❤️❤️❤️❤️❤️ we are so grateful for you thank you so much Igor you saved Jerome life your are truly the greatest!!!Michie FedericoMichie Federico ★★★★★ Igor and his team were absolutely amazing in helping my daughter out with everything. There were easy to get a hold off and there work is absolutely amazing I highly recommend him and his team.Tony OhTony Oh ★★★★★ Absolutely exceptional! My lawyer provided unwavering support, professionalism, and expertise throughout my case. Igor guided me every step of the way, ensuring I felt heard and protected. I couldn’t have asked for a better advocate. Highly recommended!nnn nnnnnn nnn ★★★★★ I'm very glad that Igor Vilkhov was my lawyer in solving my difficult problems. He is a real high-class professional. Thanks to Igor and his team ( special thanks to Daniel Slobodsky). My case was successfully completed. Excellent professional work with positive results. Highest recommendations! Roman M.js_loader

LATEST NEWS & EVENTS

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Book a Free Consultation
Go to Top