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Thursday, July 29, 2004
Christophers Law
From a reader, this ruling on Ontario's sex offender registry. Relevant section is at the bottom, which you might want to skip right along to, unless you have a law degree and are a glutton for punishment.
On to the money quote.
[130] As noted previously, the objectives of Christopher's Law are admirable but I find that in fostering these objectives Christopher's Law is overbroad. The legislation incorporates means which limit and violate Mr. Dyck's right to liberty and security for no reasons. The objective of Christopher's Law could be accomplished without infringing on the life, liberty and security interests of Mr. Dyck or others in the manner it has which I find is arbitrary or disproportionate. The provisions of Christopher's Law impair the rights of Mr. Dyck under section 7 more than is reasonably necessary in order to achieve its legislative objectives.[131] I find, therefore, that Christopher's Law violates Mr. Dyck's rights under section 7 of the Charter and the legislation cannot be justified under section 1 of the Charter.
Mr. Dyck (his real name or fun lovin' psuedonym ? ... the mind boggles) is a convicted sex offender who objected to being added to the Ontario sex offender registry - and his objections are upheld.
So there you have it. Law abiding Canadian citizens are mandated by federal law to register their firearms (or face criminal prosecution) ; mandated by federal law to register all purebred animals (under threat of a $50,000 fine); by provincial law, to register all motor vehicles and trailers. They must register their intent to serve alcohol at a public gathering. They must register their intent to hold a charity raffle. They must register their newborns and their dead.
But it's unconstitutional to mandate the errant Dyck to register his errant dick.
Posted by Kate McMillan on July 29, 2004 | Permalink
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WMD found?
Posted by: gg | 2004-07-29 10:41:22 AM
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