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Bill C-23

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SUMMARY

The enactment requires that certain information about sex offenders be registered in a national database. This database is part of the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police. It is intended to serve as a tool that will help police investigate crimes of a sexual nature by providing them with access to current and reliable information relating to sex offenders.

The enactment amends the Criminal Code to enable the Crown to apply for an order to require an offender who is convicted of, or found not criminally responsible on account of a mental disorder for, certain offences to report regularly to a designated registration centre and provide information. It creates a new Criminal Code offence for failure to comply with the order, as well as an offence for providing false or misleading information.

The enactment regulates access to, and the use and disclosure of, the information contained in the database and includes an offence for contravention of those provisions.

EXPLANATORY NOTES

Criminal Code

Clause 20: New.

Clause 21: New.

Access to Information Act

Clause 22: New.

Criminal Records Act

Clause 23: The relevant portion of section 5 reads as follows:

5. The pardon

    . . .

    (b) unless the pardon is subsequently revoked or ceases to have effect, requires the judicial record of the conviction to be kept separate and apart from other criminal records and removes any disqualification to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110, 161 or 259 of the Criminal Code or subsection 147.1(1) of the National Defence Act, or of a regulation made under an Act of Parliament.