R V.

NDHLOVU

• Pleaded guilty to two counts of sexual assault in 2015 after admitting that in 2011 when he was
19 years old, he sexually assaulted two women at a house party in Edmonton. He was sentenced
to six months incarceration and three years' probation and with no prior criminal record he was
labeled a low risk of reoffending. He filed an appeal with the Court of Queen's Bench of Alberta
claiming that his charter rights had been violated and the court agreed at the Alberta Court of
Appeal three judges ruled that automatically adding the names to the sex offenders registry for
life violates the charter rights.
• What is the SOIRA?
The Sex Offenders Information Registry Ac was created to

ARGUMENTS

• In section 7, an individual’s liberty to do what they wish must be subjected to multiple

restrictions for the common good.

• The SOIRA (Sex Offenders Information Registry Act) was set in place to keep the citizens of
Canada safe from any possible dangers, it guarantees the safety of adults and especially minors.

• In Ontario, Christopher’s Law requires those who are either convicted or found not criminally
responsible on account of mental disorder (“NCRMD”) of a sexual offence to physically report to
a police station to have their personal information added to the province’s sex offender registry.
Registrants must continue to report in person at least once a year and every time certain
information changes. Registrants must comply for 10 years if the maximum sentence for the
sexual offence they committed is 10 years or less, or for life, if the maximum sentence is greater
than 10 years or if they committed more than one sexual offence. There is some opportunity,
based on an individualized assessment, for those found guilty of sexual offences to be removed
or exempted from the registry or relieved of their reporting obligations. By contrast, no one
found NCRMD of sexual offences can ever be removed from the registry or exempted from
reporting, even if they have received an absolute discharge from a review board.

• Christopher Stephenson was 11 years old when Joseph Fredericks, a convicted child molester
with a heinous criminal record, abducted the young boy from a Brampton, Ont., shopping mall
on Father’s Day weekend, 1988. Fredericks kept Christopher alive for 36 hours and assaulted
him repeatedly before slitting his throat and dumping his body. A coroner’s jury later concluded
that if police had access to an electronic registry of known sex offenders living in the
neighborhood, detectives might have knocked on Fredericks’ door while the boy was still alive.

• This so-called defamation of character argument infringes on a community’s right to the security
of a person, which can be both physical and psychological, causing anxiety for a person.
 • Section 1 of the Charter, also known as the reasonable limits clause, states that charter rights
are not absolute and can be infringed if there is a reasonable justification.

• S1- The limitation of a charter right must be minimally impairing. The consequences of being put
on the SOIRA is nota taxing one, the person is still free to live their life.

• S1- The positive effects must be equal to or greater than the negative effects, and keeping the
appellant on the registry keeps men, women, and children safe.

• The time that he has severed is nothing compared to the phycological abuse and distress that
Mr. Ndhlovu caused those two women.

• Ndhlovu filed an appeal with the Alberta Court of Queen's Bench, claiming his charter rights
were violated, and the court agreed. Mr. Ndhlovu contested the constitutionality of Criminal
Code sections 490.012 and 490.013(2.1). The judge determined that the provisions violated
Section 7 of the Charter and declared them null and void. Criminal Code sections 490.012 and
490.013(2.1): Section 490.012 requires that a registration order be issued for designated sexual
offences and section 490.013(2.1) requires that a lifetime registration order be issued for
offenders convicted of more than one designated offence.

OPENING- KATE

Section 7 of the Charter of Rights and Freedoms states that everyone has the right to life, liberty, and
security of the person and the right not to be deprived thereof except in accordance with the principles
of fundamental justice. Section 1 of the Charter also states that a person’s rights are not absolute and
can be infringed with reasonable justification. The Sex Offenders Information Registry Act was set to
protect the right to security of the citizens of Canada, to give young, women, mothers, and children the
right to walk down their neighborhood street without fear of being sexually assaulted or raped, it gives
the community a peace of mind. Ndhlovu is attempting to play the victim after sexually assaulting 2
women at the age of 19, he has put his right to liberty at risk when he committed a crime. Why should
someone who took advantage of 2 women be the victim in this scenario, did Ndhlovu stop to think
about the multiple rights he had violated by violating both women. The community has a right to know if
they are living next to a sex offender, to know if their child is speaking to someone who could very
possibly take advantage of them whether or not they were deemed to be of “low risk to reoffend”. We
ask, your honour, that you as a member of the community, and a citizen of Canada prioritize the safety
of men, women, and children, over the reputation of sex offender, and that you grant us and our
children our right to security and giving us a peace of mind knowing that a convicted sex offender
cannot hide and commit another disgusting and grotesque crime.

Continuation- Simone

On Father's Day weekend, 1988, Christopher Stephenson, an 11-year-old boy, when he was abducted
from a Brampton, Ont., shopping mall by Joseph Fredericks, a convicted child molester with a horrific
criminal record. Fredericks tortured Christopher for 36 hours and repeatedly assaulted him before
slitting his throat and dumping his body. A coroner's jury later determined that if police had access to an
electronic registry of known sex offenders living in the area, they could have knocked on Fredericks'
door while the boy was still alive.

In Ontario, Christopher's Law or the Sex Offenders Information Registry Act requires those convicted or
found not criminally responsible due to mental disorder or known as "NCRMD", of a sexual offence to
physically report to a police station and have their personal information added to the province's sex
offender registry. Registrants are required to continue reporting in person at least once a year and
whenever certain information changes. Registrants must comply for ten years if the maximum sentence
for the sexual offence they committed is less than ten years, or for life if the maximum sentence is more
than ten years or if they committed more than one sexual offence. Based on an individualized
assessment, those found guilty of sexual offences may be removed or exempted from the registry, as
well as relieved of their reporting obligations. In contrast, even if they have received an absolute
discharge from a review board, no one found NCRMD of sexual offences can ever be removed from the
registry or exempted from reporting.

As stated by Ms. Daley, Mr. Ndhlovu, pleaded guilty to two counts of sexual assault in 2015 after
admitting that in 2011, when he was 19 years old, he sexually assaulted two women at a house party in
Edmonton. He was sentenced to six months in prison, followed by three years of probation in provincial
court. He had no prior criminal record and was considered to be at low risk of re-offending.

Mr. Ndhlovu will argue that his charter rights have been violated and that automatically adding the
names to the sex offender's registry is a defamation of character. He will argue that Criminal Code
sections 490.012 and 490.013(2.1) violottas Charter Right 7: Section 490.012 requires that a registration
order be issued for designated sexual offences and section 490.013(2.1) requires that a lifetime
registration order be issued for offenders convicted of more than one designated offence.

The purpose of this Act is to help police services prevent and investigate crimes of a sexual nature by
requiring the registration of certain information relating to sex offenders.