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An Edmonton judge has ruled that the national sex offender registry is unconstitutional as it is “over broad and grossly disproportionate” and violates people of their charter rights.

In a recently released decision involving the case of an Edmonton man convicted of two sexual assaults, Court of Queen’s Bench Justice Andrea Moen found the Sex Offender Information Registration Act removed judicial discretion to refuse to place offenders who present no risk of reoffending on the registry.

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“In my view, the mandatory registration for all sex offenders upon conviction of two or more offences, without regard to the seriousness of the offences or the offender’s propensity to reoffend is over broad,” said Moen, noting the goal of the legislation is to help police investigate past crimes and prevent new ones.

“In my view, including offenders on the registry who have little to no chance of reoffending bears no relation to protecting the public. Subjecting all offenders, regardless of their future risk, to onerous reporting requirements, random compliance checks by the police and internal stigma, goes further than what is necessary to accomplish the goal of protecting the public, and is therefore over broad,” said Moen.