P. Moore

The offender was convicted of sexually assaulting an incapacitated Indigenous woman on his front porch.

The Crown sought a sentence of four years, while the defence sought a conditional sentence or eight to twelve months of incarceration.

The court emphasized denunciation and deterrence, noting the offender's prior record for domestic violence and the extreme vulnerability of the victim.

The offender was sentenced to 30 months of incarceration, along with DNA, firearms, and sex offender registry orders.

The applicant, convicted of sexual assault, brought a Charter motion under s. 24(1) seeking an individual exemption from mandatory registration under the Sex Offender Information Registration Act (SOIRA).

Relying on the Supreme Court's decision in Ndhlovu, which struck down mandatory registration but suspended the declaration of invalidity, the applicant argued the registration was overbroad and grossly disproportionate to his circumstances.

The court dismissed the application, finding the applicant did not fall into the lowest risk category of offenders and failed to establish that the impacts of registration on his liberty were grossly disproportionate to the objective of preventing and investigating sexual offences.