Hamilton Judge Declares Ontario Sex Offender Registry Unconstitutional in Landmark Decision
A Hamilton judge has issued a controversial ruling that Ontario's sex offender registry violates the constitutional rights of convicted sex abusers, deeming it unconstitutional. However, this decision is limited in scope, as lower court judges do not possess the authority to strike down sections of Christopher's Law—a power reserved exclusively for judges in the Superior Court and higher levels. Consequently, the ruling applies solely to the specific offender who brought the case forward, leaving the registry intact for others.
Background and Public Safety Concerns
This development emerges amid discussions by the Ford government about potentially expanding the registry to allow some public access. Currently, only trained police officers can retrieve data from the system. In response to the judge's decision, Hannah Jensen, press secretary to Premier Doug Ford, emphasized the government's commitment to protecting children and victims of sexual violence, stating they will utilize every available tool to combat such heinous acts.
History of Christopher's Law
Christopher's Law was established in 2001, creating the first provincial sex offender registry in Canada. It was enacted in response to the tragic 1988 abduction, sexual assault, and murder of 11-year-old Christopher Stephenson in Brampton. The perpetrator was a sex offender who had been released from prison after serving a five-year sentence for a previous sexual assault on another boy.
Case Details: Michael Roberts' Challenge
The recent Charter ruling involved Michael Roberts, who pleaded guilty in 2010 to eight counts of sexual assault involving four victims. He received a four-month custody sentence and was automatically required to join the provincial sex offender registry, mandating annual check-ins with the Hamilton Police Service to confirm his address. Court proceedings revealed that these check-ins typically take only 10 to 15 minutes, a minimal obligation.
In 2024, Roberts intentionally failed to report to police, challenging the law. This move was likely inspired by a 2022 Supreme Court ruling that found the national sex offender registry violated constitutional rights to life, liberty, and security. The highest court struck down provisions for automatic and lifetime registration, deeming them overly broad and unfairly applied to low-risk individuals.
Legal Amendments and Registry Effectiveness
Following the Supreme Court decision, Parliament amended the national registry to align with the Charter. Mandatory registration now applies only to repeat offenders or those convicted of serious child sexual offences, with judges granted discretion to exempt certain offenders. In Roberts' case, the Crown argued that the Ontario registry is more effective than the national system, providing quicker access for police in time-sensitive investigations.
OPP Acting Det. Staff Sgt. Lisa Burns testified that the provincial registry contains 29,900 records, with about 12,200 offenders required to report annually. Among these, approximately 8,600 are designated as child sex offenders, and the compliance rate stands at 96%. She highlighted that within minutes of an abduction, police can obtain detailed information on convicted sex offenders in the area, including recent photographs, physical descriptions, previous convictions, and addresses.
Critical Tools for Law Enforcement
Geographic maps generated by the Ontario registry serve as a vital resource for police during urgent investigations. Research indicates that 80% of abductions occur within 400 metres of the victim's last known location, often involving offenders who live, work, or have other connections to the area. Time is a critical factor: 44% of murdered victims are killed within an hour of abduction, 74% within three hours, and 91% within 24 hours.
Exit Options and Judicial Reasoning
For low-risk sex offenders, there is an exit mechanism—they can apply for a record suspension, which ends reporting requirements. Roberts himself pursued this option in 2025. The judge acknowledged that the Ontario registry is more useful than the national system due to its around-the-clock accessibility for front-line officers. However, he criticized the lack of documented instances where the registry directly saved an abducted child over its 25-year history.
Ultimately, the judge ruled that the Ontario sex offender registry violates the constitution in a manner similar to the Supreme Court's findings on the national system, resulting in a stay of the non-reporting charge against Roberts. This decision has sparked outrage, with many viewing it as an insult to the memory of Christopher Stephenson, whose tragedy inspired the registry's creation.
