The applicant, who pleaded guilty in Washington State in 2014 to communication with a minor, sought an exemption from Sex Offender Information Registration Act (SOIRA) obligations in Canada.
The Attorney General of Ontario had deemed his foreign offence equivalent to child luring.
The court, without deciding on the equivalence of the foreign offence, focused on whether the applicant met the criteria for exemption under the amended s. 490.02905(2)(c) or (d) of the Criminal Code.
Based on expert psychological assessment indicating a very low likelihood of re-offending, no prior criminal record, and significant personal hardship caused by SOIRA obligations (travel and employment restrictions), the court found that there was no connection between the obligation and SOIRA's purpose, and the impact on the applicant was grossly disproportionate to the public interest.
The application for an exemption order was allowed.
