P. Socka

The respondent pleaded guilty to multiple counts of sexual assault and uttering threats against two employees at his workplace.

The sentencing judge imposed a 16-month jail sentence but declined to make a mandatory Sex Offender Information Registration Act (SOIRA) order, finding it would be grossly disproportionate to the public interest.

The Crown appealed the refusal to impose the SOIRA order.

The Superior Court of Justice allowed the appeal, finding the sentencing judge erred in principle by reversing the statutory presumption in favour of the order and failing to properly analyze the enumerated factors under s. 490.012(4) of the Criminal Code.

A SOIRA order was imposed.

The applicant sought leave to extend the time to appeal a 2015 finding that he was not criminally responsible (NCR) for several offences.

The applicant had previously launched and abandoned an appeal in 2017.

The court applied the test for extending time to appeal, finding that the applicant lacked a bona fide intention to appeal within the relevant time frame, failed to adequately explain the seven-year delay, and presented an appeal with doubtful merit.

The application for leave to extend time was dismissed.