When a person is convicted or is discharged on the conditions prescribed in a probation order pursuant to a suspended sentence (s. 731) or probation pursuant to a conditional discharge (s. 730) for certain specified sexual offences outlined in section 161 of the Code related to a victim who is under the age of sixteen years, in addition to any other “punishment” that may be imposed the court may order that the accused not attend near certain public places and other facilities where persons under 16 years of age may be present.
In R. v. K.R.J.1 the appellate court ruled that amendments to section 161 were intended to apply retrospectively, and, their application retrospectively does not offend subsection 11(i) of the Charter because the legislation does not impose “punishment” but instead protection for the public. The trial Judge had found that the amendments did not apply retrospectively.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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