Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the designated offence triggers mandatory SOIRA registration under s 490.012(1) or s 490.012(2) of the Criminal Code - meaning the sentencing judge has no discretion to refuse the order. The key question in this pathway is whether residual Charter arguments remain available, how to minimise the duration of the order, and how to ensure the client fully understands and complies with their registration obligations to avoid the additional criminal exposure of a non-compliance offence.
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Jurisdiction: Federal SOIRA framework under the Criminal Code and Sex Offender Information Registration Act SC 2004 c 10. For Ontario clients, Christopher's Law obligations run in parallel and are addressed in Fork 3.
The Process at a Glance: Confirm that the mandatory criteria are met - for s 490.012(1): a designated offence prosecuted by indictment, a sentence of imprisonment of two years or more, and a victim under 18; for s 490.012(2): the prosecutor establishes a previous conviction for a primary offence, or that the person is or was at any time subject to a SOIRA order or obligation. After Ndhlovu 2022 SCC 38 struck down mandatory registration, assess whether any residual Charter argument is available on the specific facts, noting that s 490.012 was re-enacted in amended form in 2023. Deliver a comprehensive compliance guide immediately after sentencing. Diary the termination eligibility date and the record suspension eligibility date as the two primary exit pathways.
Key Legislation and Case Law: Criminal Code ss 490.012(1) and (2) set out the mandatory registration triggers. R v Ndhlovu 2022 SCC 38 - declared the former mandatory registration provision unconstitutional under s 7 of the Charter because it captured offenders who are not at an increased risk of reoffending; under the current s 490.012(3) the person must establish an exemption. SOIRA SC 2004 c 10 - registration procedures, annual reporting, travel notification. Record suspension information - applies 5 years after completion of sentence for summary conviction or 10 years for indictable offence.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the SOIRA Registration (Respondent) - Mandatory Registration - s.490.012(1) and (2) Pathway matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
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| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
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| Client name | matter.clientName | text | Required | inheritedmatter-core |
Establish the correct pathway and any remaining litigation options.
Prevent post-sentencing compliance offence.
Maximise the chance of early removal from the registry.
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