In Canada, individuals who are subject to the Sex Offender Information Registration Act (SOIRA) may have the opportunity to end their registration obligations before the full duration expires—provided they meet specific legal requirements.

The procedures and criteria for seeking early termination are outlined in sections 490.015 and 490.016 of the Criminal Code of Canada.

Eligibility for Early Termination

A person may apply to terminate their SOIRA obligations early, but only after meeting certain time-based criteria, depending on the length of the original registration order:

  • For a 10-year registration order: At least five years must have passed since the order was issued.
  • For a 20-year registration order: A minimum of ten years must have elapsed.
  • For a lifetime registration order: The individual must wait at least ten years before becoming eligible to apply.

In addition, individuals who have received a pardon or a record suspension are also eligible to apply, regardless of the amount of time that has passed.

It is important to note that if someone has been subject to multiple SOIRA orders, they must wait ten years from the date of the most recent order before they can apply for termination.

Legal Test and Criteria for Termination

Even if the time requirements are met, an early termination is not automatic. The court will only grant a termination order if it is convinced that maintaining the SOIRA obligations would result in a grossly disproportionate impact on the individual’s privacy or liberty when compared to the public interest in protecting society.

This means the individual must show that the continued requirement to register as a sex offender is excessively burdensome and no longer justified based on their current circumstances and behavior since the order was made.

How to Apply for SOIRA?

  • The application must be made to a superior court of criminal jurisdiction, particularly if that was the level of court that issued the original SOIRA order.   For Saskatchewan, this would mean the Court of King’s Bench.
  • The responsibility to prove the case lies with the applicant. They must establish—on a balance of probabilities—that the continuation of the registration order is grossly disproportionate to the risks posed to the public.

Appealing a Decision

If the court denies the request or if there is a dispute over the outcome, either party may appeal the decision. Appeals can be based on legal grounds or issues involving a mix of law and factual interpretation.

The appeal court has several options:

  • Dismiss the appeal, leaving the original decision in place;
  • Order a new hearing;
  • Quash (overturn) the original termination decision;
  • Make a new order in place of the one under appeal.

Important Limitations

Even when a court grants an early termination order, this does not remove the individual’s information from the national sex offender registry database. It only releases the person from the obligation to comply with ongoing registration and reporting requirements.

To have one’s data completely removed from the registry, a person would generally need to:

  • Receive a full pardon or record suspension; or
  • Successfully appeal and obtain an acquittal, thereby nullifying the original conviction that led to the SOIRA order.

A SOIRA order can significantly impact the daily of an individual and their family.

If you or any of your loved ones are the subject of a SOIRA order and seeking to have it terminated early, contact a criminal defence attorney Linh Pham at (306) 502-5987.