Respondent found not criminally responsible by reason of mental disorder in respect of sexual assault and other charges – Respondent granted absolute discharge but required to register under provincial sex offender registry and report to authorities for life, and required to register and report under federal registry — Application judge finding no breach under ss. 7 or 15 of Charter — Court of Appeal finding breach of s. 15 and declaring operation of sex offender registry legislation unconstitutional – Declaration of invalidity suspended for 12 months but respondent exempt from period of suspension — Whether sex offender registry legislation infringes right to equality without discrimination based on absence of individualized exceptions — If so, whether infringement is reasonable limit demonstrably justified in free and democratic society — Whether s. 15 of Charter requires individualized assessment before requiring persons found not criminally responsible who are granted absolute discharge to register and report under sex offender registry — Whether Court of Appeal erred in declining to follow R. v. Demers,  2 S.C.R. 489 and in granting individual relief to respondent during period of suspension of declaration of invalidity — Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1 — Canadian Charter of Rights and Freedoms, ss. 7, 15.— appeal dismissed 11/20/2020 — Supreme Advocacy acted as agent for the intervenors.
Read the full SCC decision here.