Hearing on section 1 issue following Court’s finding in Ndhlovu, 2016 ABQB 595 that 2011 amendments to the Sex Offender Information Registry Act (SOIRA) were overbroad and grossly disproportionate. Both Crown and defence called expert evidence regarding recidivism in sex offenders.
Held: s 7 violation not saved by s 1; SOIRA provisions struck down.
Applying the Oakes test, rational connection not met on the proportionality analysis. “There is no causal connection proved by the Crown between the public interest of effective investigations of crime of a sexual nature and removing all discretion of judges in determining which of the offenders will be put on the registry”. Further, no evidence that life registration would further the legislative objective: “The measure appears to me to be punitive.” Even if there were a rational connection, the law would fail on minimal impairment. Sections 490.012 and 490.013(2.1) CC struck down.
E. Iginla – Defence Counsel