Canada Case Law

R. v. Thring

Court

Court of Appeal for Ontario

The court held that s.490.012(3) creates a presumption, not a mandatory order, so the trial judge erred on that point, but the appellant failed to establish either statutory exception under s.490.012(3)(a) or (b) after consideration of s.490.012(4) and the offered fresh evidence; therefore the 20-year SOIRA order required by s.490.013(2)(b) remains appropriate and cannot be shortened, and the anonymization request was denied.

Source excerpt

• Soira orders
• S.490.012(3) presumption vs mandatory
• S.490.013(2)(b) length of soira order
• Exemptions under s.490.012(3)(a) and (b)
• Termination under s.490.015(1)(b)

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R. v. Rule

Court

Court of Appeal for Ontario

The appellate court held the 22-month custodial sentence was fit given the nature, size and duration of the offending and the sentencing judge properly excluded a conditional sentence; however, following Ndhlovu the court substituted the mandatory lifetime SOIRA registration with a 20-year registration order as a s.24(1) Charter remedy.

Source excerpt

• Child pornography
• Mandatory minimum sentences
• Conditional sentence
• Sex offender registration (soira)
• S.24(1) charter remedy
• Publication restriction orders

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R. v. Toenders

Court

Supreme Court of British Columbia

Sentencing reasons in a sexual assault case: 45 months’ total imprisonment, with ancillary orders including a lifetime weapons ban, DNA order, probation, and sex-offender registry registration.

• Denunciation
• General and specific deterrence
• Rehabilitation
• Sentence parity
• No-contact orders
• Mandatory registration

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R. v. Lund

Court

Supreme Court of British Columbia

Sentencing reasons in R. v. Lund: 10-year global prison term for break and enter with sexual assault and related offences, plus mandatory ancillary orders.

• Home invasion
• Mandatory firearms prohibition
• Dna sample order
• Sex offender registration
• Aggravating and mitigating factors
• Victim impact

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