I am queasily thinking the judges on the supreme court and the “experts” they relied on for their shite ruling, this J Davin Garg and Doug Ford and his gov’t that appointed him to the bench, this sex criminal and his lawyer are working in cahoots to strip yet more protections from society’s most vulnerable – kids and women, while giving ever more and more rights to the criminals (which they do not need and do not fucking deserve. I bet creep asshat Doug Ford’s AG will talk a lot but not appeal this intentionally, to let this misogynistic sick ruling stand. Yes, it’s vital not to put innocent people in prison, but shit, not to list a pedophile!? That’s unacceptable.
James:
Check the judge’s hard drive
Indeed!
Lynn:
It’s just women’s and children’s safety at risk, no big deal to these old boys club privileged appointed men.
Patricia:
One of the few protections the public has, I sure hope someone overturns this.
Makes one wonder about the leanings of the judge.
Jerrell:
This could be simply resolved. If there’s to be no Offender Registry, let’s just start lengthening their sentences. Or a choice, the Offender could choose not to be on the registry, but have three years added on to his sentence..But, too many rape ‘n pedo friendly judges let rapists go, even those that admit their crimes and or are convicted to protect the rapists’ futures and careers while shaming, revictimizing victims in court and ridiculing them. A lengthened sentence does the public interest no good when we have so many judges letting rapists off with zero punishment. Because so many men rape women and or kids, and so many non raping men protect rapist men (and enable and support men that beat their wives and kids), it means most men believe in and or commit rape, thus, the only answer is to only allow women to appoint only female judges to hear sex crime and trafficking cases. Men mostly, like this judge Garg, want to protect rapists. Unacceptable to have them hear sex crime cases.
Billy:
Criminal rights is an oxymoron. You give them up when you break the law. This judge needs to be removed.but, he won’t be, he’s doing precisely what the Patriarchy, rape religions and the raping rich demand, and what he was hired to do, stomp on women and kids to please the rich and powerful.
Debora:
Once again, the criminals are protected while the victims are not! Deplorable.
I’d have to wager that a female judge would not rule the same. This is absolutely infuriating.yep, I agree on all points.
DJB:
I disagree with this. 99% of us disagree with this.
Carol:
Can we, the people rule that judge being unconstitutional towards victims and fire him?
Patricia:
He has no rights. Once he violated those individuals all his right should be taken away. That judge needs to reverse his ruling. Seems like the justice system is in favor of the bad guys instead of the victims. Some capital punishment needs to be brought back, just my opinion.
Lake:
Multiple police support this registry. Lone judge prefers to “protect the rights of criminals”. Shameful. These criminals have forfeited their rights.
Ann:
Again and again the victims are put to the bottom. Yes, by all means continue to have our judicial system put the perpetrators first and disregard the victims.
Paul:
Another loss for the law abiding public by our court system. The courts have made some brazen changes lately which seem to favour people committing serious crimes. I ask why and how can we continue to trust our court system.
Jo:
… If you truly think protection sex predators is a liberal thing, you’re just telling a story to fit your preconceived notions, and not facts. There are a population that sexually assaults, and they’re not liberal or conservative – they’re men. all men.
Lee:
The fact that someone wants to remove the registry is horrible.
Maria:
One word unbelievable! Criminals rights far outweigh those of victims. It just keeps getting worse and worse in this country as far as victim’s rights are concerned and we continue to handcuff police. Such a sad day!
Danielle:
We really need to stop pandering to the “rights” of CONVICTED criminals. It is absurd! Do the crime, do the time! Oh your prison time wasn’t a luxury vacation? Boohoo! It’s not supposed to be!
Stop protecting predators!!!!
Dan:
Words don’t even express my outrage anymore. Just so everyone knows some details about the judge though. Justice Davin Garg served 8 years as Criminal Crown counsel for the Crown Law Office. Then 5 years of volunteering with individuals that had a negative experience in the justice system. Then from 2021 until now when Chief Justice Sharon Nicklas assigned Justice Garg to Hamilton, he worked with supporting new and immigrant lawyers in their rise through the profession. That’s his resume off Ontario’s news Justice’s bulletin.
And now apparently an advocate for the 600 registered sex offenders living in Hamilton, because that’s what our progressive Liberal society wants.I think it’s more what the earth, women and kid raping Patriarchy and rape religions, notably the ultra conservative kid raping catholic church demand.
Elizabeth:
The offenders live while victims died. Serving time alone is not enough. The Registry needs to be seen as Legal Retribution for those who lost a love one. Perhaps, consideration for possible amendments. No other Negotiations! Otherwise, it devalues and dismisses the necessities for this Registry. Mr. & Mrs. Stephenson, I’m sorry for your heartbreaking loss.
Peter:
Totally disagree with this judges decision, the public needs to be protected. Maybe it infringes on the Charter Rights but we should have an exemption for these crimes – like a “not withstanding” clause.
Charter rights are not respected or protected equally in Canadian courts, men, usually rapists and or pedophiles have their rights protected by judges while victims, usually women and girls are abused with charter rights pissed on. All judges involved in my case, including all nine on the supreme court, let the Alberta energy regulator get away with violating my charter rights (to protect illegal aquifer frac’er Encana/Ovintiv) by denying me my charter right to seek remedy. The rule of law and the judicial industry is infuriatingly and disgustingly two-tiered: raping/assaulting men are protected, victims are shamed, lied about to discredit, shame and humiliate (the supreme court intentionally published lies about me, likely to please Encana, the frac industry in Israel frac’ing stolen Palestinian gas off Gaza, USA, and Canada, the AER, and polluted Alberta gov’t).
Jerrell:
Perhaps it is against the “Charter Rights” of all law abiding Canadians to not know where all the criminals reside. Especially those who endanger women and children.
We have a Charter right to be protected, the citizen has a right not only to have “Justice” but to be able to “SEE” justice. Not have a hidden justice.
Klaas:
Thanks, Susan, for your investigative reporting. You, no doubt, have heard and seen so much more than the average reader has. The freedom of the press to speak truthfully is one of the hallmarks of a free and democratic society.
marc:
Just another example of how judges based on their political stripe or appointment rule, if judges were truly un-biased then all their rulings would be the same but they are not.
Another example of why the notwithstanding clause is there and is so important
John:
Remember folks…Judges are only lawyers wearing a different coloured robe. They are chosen based on political ideology. And I believe, are chosen specifically to be racist, rapist/rape friendly and misogynistic.When Canada appoints secular progressive liberals to the judiciary we can and certainly should expect decisions that are contrary to traditional beliefs and values. In this instance an appeal to the Supreme Court of Canada is not only warrantedbut imperative. Judicial decisions such as this progressivein my view, it’s not progressive, it’s rape friendly and misogynistic, likely rape religion and or Patriarchy driven nonsense must be challenged and subsequently condemned. If the Supreme Court decides to support this unethical decision then it is imperative for the Federal Government to invoke the Notwithstanding Clause over and over if necessary. The major obstacle unfortunately is that Canada currently has a Liberal government making the decisions.Canada does not. Mark Carney is a Harper conservative, more con than even Pee Pee, and is the most misogynistic far right PM Canada has ever had.
Please choose wisely at the poles come election time.
Phillip:
Don’t worry this will definitely be appealed especially in light of the fact that it has far reaching implications if unchallenged . Activist judges who follow a particular pattern of adjudication contrary to proven effective legal practices , such as the Sex Registry , should be brought before a judicial oversight committee to address the issue of perceived activism and problematic bias Intentionally, to protect pedophile/rapist/criminal/bad judges and lawyers, they are self regulated in Canada. You’ll not see their self regulators regulate, unless it’s embarrassing to them publicly and their almighty high positions in society might be at risk. Remember supreme court of Canada Libertarian Hanky Panky Russell Brown who stepped down in great shame because it seems he was terrified of being investigated with the results public? I do. Justice? Rule of Law? They don’t give a holy shit and they lie, one hell of a lot.
Dan:
It’s not problematic when it’s the same two dots that connect throughout our entire justice system. What’s problematic is the policies and legislation and said wording of those Bills, that allow these judges to circumvent public safety on a regular basis and use their own political beliefs to hand out rulings.
What’s problematic is this catch and release mentality that has been absorbed by these ideological justice activists that lead to outcomes such as ‘On Feb 10th, Six Ontario men released after facing charges for luring underage girls’. All released on an undertaking.
That’s what you like seeing?
What’s problematic is the Supreme Courts laughable hypothetical example they used for the reason of shooting down the registry in 2022.
I hope that helped clear things up.
Ya, he showed his experience and bias by siding with the person who plead guilty of 8 counts of sexual assault. Not only affecting the criminals legal obligations but could set the president to end mandatory and lifetime reporting for other sex offenders across the province.across Canada Such an experienced individual as you put it, then should know the consequences and perception of protecting these types of people.
Garg says Ontario’s laws may need to change to ensure the criminals’ rights are protected. …
Dianne:
How about protecting victims ???? Why do criminals have more rights ??I’ve been wondering that my entire life. Religious fairy tale driven hate against women and girls and abuse of them by men just keeps escalating, but women are blamed for it.
Frank:
Another judge that needs removal.
Steve:
FIRE the judge
Anthony:
Oh, gee, I’m so sorry that the rights of these offenders have been trampled upon. What about the rights of their victims and would-be victims?
Eric:
If the sex offender registry is unconstitutional than so is the DNA databank. Good luck solving any murders or serious crimes going forward.
The way society is going soon pedophiles and rapists will get therapy and not prison. And that would open the argument criminals like Paul Bernardo should be freeA bit different, he murdered and raped and tortured. But, I believe the raping grossly misogynistic catholic church and other rape religions are fed up paying money to their endless rape victims, so they are pushing for rape and pedophilia to be legalized, and consent criminalized – and getting their creepy as fuck politicians et al to do it for them: Vance, Peter Thiel, Trump, Mike Johnson, Mark Carney, Doug Ford, etc, and they appoint the judges.
Peter:
judge is probably one himself..said my friend
Hamilton judge rules Ontario’s sex offender registry is unconstitutional. What could happen next? Province says it plans to appeal decision by Samantha Beattie, CBC News, Mar 04, 2026
A provincial law that makes it mandatory for sex offenders to be on a registry, and report to police for life, is unconstitutional, a Hamilton judge has ruled.Yet, Alberta’s chief Justice Neil C Wittmann and the court of appeal, and the fucking supreme court of Canada, let AER’s charter violations shit on my rights, to protect illegal aquifer frac’er Encana/Ovintiv. If it’s oil and gas profiteers, charter rules. If it’s a citizen harmed or raped, no charter rights for you! Most especially if you are a hated female living a pedophile ruled fucking patriarchal religious run world. JFC, this is vile and smells of catholic church to me
The decision by Justice Davin Garg on Jan. 29 is “significant” and could see changes to Ontario’s sex offender registry, depending on how the appeals process plays out, lawyer Dean Paquette told CBC Hamilton.
It was his client, Michael Roberts, who filed the constitutional challenge and won.
“In time, the argument we have made will be adopted by higher courts and become binding,” Paquette said. Douche fucker, you, the pedophile and the judge
Roberts was convicted in 2010 of eight counts of sexual assault against four victims, and sentenced to four months in prison, the judge’s decision said.
Under Ontario’s Christopher’s Law, Roberts was automatically added to the sex offender registry and required to provide Hamilton police with his personal information every year for life, as he was convicted of multiple offences.
But in 2024, Roberts intentionally failed to report to police, the decision said. He was charged under Christopher’s Law, which allowed him to argue in court that the requirements were “overbroad and grossly disproportionate.”
While the judge agreed with Roberts, he also made it clear that the provincial registry should still exist but with changes to the requirements.
It was created over two decades ago after 11-year-old Christopher Stephenson was killed by a convicted sex offender.
Police rely on the registry to both prevent and solve crimes of a sexual nature by keeping track of where people convicted of similar crimes are living in the community, the court had heard. The provincial registry is not available to the public.
“Nothing in these reasons should be taken as a criticism of the existence of the provincial registry,” said Garg. “The evidence demonstrates the important work carried out by those using the registry.”Then, WTF? Trump? Epstein? Raping catholic church? Pedophile saviour, self-regulator of lawyers granting law licence to known convicted pedophiles, giving them protected access to children? The vicious patriarchy fucking inhumanely wins again!
The provincial registry contains information for 29,000 offenders with 12,200 required to report annually and 96 per cent complying, the decision said. In Hamilton, there’s about 600 people on the registry, with between 20 and 50 new additions a year.
Judge says decision backed by Supreme Court ruling
Along with Ontario’s registry, there’s also a national registry, which came under scrutiny in 2022.
The Supreme Court ruled it was unconstitutional to automatically add sex offenders convicted of two or more crimes to the national registry for life — the same rules Ontario’s registry currently uses. JFC, it’s obvious our legal-judicial industry works for the raping catholic church, and the fucking raping patriarchy. The courts protecting criminals, again and again, while refusing me remedy for AER violating my charter rights.
In a 5-4 decision, the justices said the requirements unfairly and unnecessarily cast too wide a net — capturing people who had a low risk of reoffending for a variety of reasons.Too bad the raped and abused victims in the past and future! We Canadian judges protect abusers at your expense! Ha Ha Ha!
“The unproven premise is that police can only effectively prevent and investigate sex offences if all designated offenders are registered,” the top court said. “The assumption appears to be that if some are good, more is better, and all is best.”
The court found that the possible benefits of the “all is best” approach didn’t outweigh the negative impacts of the “considerable reporting requirements,” said Garg. I bet those judges and you J Garg, have not been raped, as an adult, or as a child.
People convicted of sexual offences are required to provide police with their identification, physical description, employer contact information, vehicle description, home, work, education and volunteering addresses, and other personal information.
Charge against Roberts stayed
To make the national registry rules in line with the Supreme Court decision, and constitutional, the federal government made changes the following year.
Ontario did not do the same, instead leaving in place all the “shortcomings that had been declared unconstitutional in the federal legislation,” Paquette said. Me stinks you embellish the matter Mr. Lawyer. I can’t help but wonder, are you a rapist? Or, a misogynist?
It was only if someone was willing to risk being charged for not reporting, and then spend the time and money to litigate, that the provincial legislation could be challenged, he said.
Garg stayed the charge against Roberts, who remains on the registry and could not be reached for comment for this story.Why is there no photo of this sexual criminal? The public needs to know what the fuck he looks like if judges refuse to give us any protections from him.
Roberts isn’t required to report to police any longer because he received a record suspension through a separate process last year, the decision noted.
Garg’s decision only applies to Roberts’s case, for now, but others may follow suit in challenging the law, said Paquette.Of course they will, with kids sacrificed while lawyers and judges make good pay.
The Ministry of the Attorney General told CBC Hamilton the Crown plans to appeal Garg’s decision. You better fucking appeal, but given it’s Doug Ford’s, I expect we’ll hear plenty of talk, see zero action. Gotta protect those kid rapists don’t ya know!
The province did not respond to questions about if or when legislative changes will be made to the registry.
Sex offender registry ruled unconstitutional by Hamilton judge. Nearly 600 registered sex offenders live in Hamilton by Susan Clairmont, Mar 2, 2026
Susan Clairmont is a columnist and investigative reporter with the Hamilton Spectator. Reach her at email hidden; JavaScript is required.
A convicted sex offender who defied his requirement to register with the provincial database had his charge for refusal stayed after a judge determined the law behind it is unconstitutional.
The pivotal decision by Justice Davin Garg of the Ontario Court of Justice in Hamilton not only affects offender Michael Roberts, but could end mandatory and lifetime reporting for other sex offenders across the province.
The ruling on Roberts’ constitutional challenge, released in January, mirrors a similar finding by the Supreme Court of Canada in 2022 that ruled the National Sex Offender Registry also infringed on Charter rights by being too broad and disproportionate.
Garg says Ontario’s laws may need to change to ensure the criminals’ rights are protected.
Police say the registry in its current form allows them to quickly access critical information about offenders, particularly during emergency situations when a person has been abducted.
It is not yet known if the attorney general of Ontario will appeal the decision.
Hamilton police told The Spectator the registry “remains an important investigative tool for police services across Ontario.”
There are nearly 600 registered sex offenders living in Hamilton, according to police, 96.4 per cent of whom have complied with registering.
Roberts pleaded guilty to eight counts of sexual assault on Dec. 21, 2010, according to court records. The case involved Roberts touching four victims “over their clothing.”against kids or adults, male or female?
He was sentenced to four months in jail for each count, served concurrently, with two years probation.
He was required to sign in with the Ontario Sex Offender Registry. Since he was convicted of multiple sexual offences, he had to report for life.
After reporting for 13 years, Roberts did not do so by a June 1, 2024, deadline.
“He intentionally failed to report for the purpose of bringing this constitutional challenge,” wrote Garg.
For that, he was charged.
Since then, Roberts has received a record suspension for the convictions and no longer must report. However, his information stays on the registry.
Roberts declined an interview, but his lawyer, Dean Paquette, shed light on why his client chose to draw attention to his case by challenging the lifetime registration.
“An easier way would have been to continue to comply for the rest of his life with an unconstitutional requirement to report annually in addition to other intrusions in his privacy,” Paquette said.
While the Supreme Court resolved the identical federal issue years ago, the provincial government has “failed to address the obvious constitutional concerns.”
“That legislation has avoided a constitutional challenge because it is easier to ‘go along’ with the inconvenience rather than taking the time and expending the resources to challenge the government in court,” said Paquette. “Mr. Roberts and I felt the effort was justified.”
The Ontario registry is the result of Christopher’s Law, enacted in 2001.
It is “a centralized database designed to assist the police in the prevention and investigation of sexual offences,” according to Garg. “Sex offenders must provide detailed personal information and report regularly to law enforcement so that the registry remains current.”
The law is named after 11-year-old Christopher Stephenson, who was abducted in Brampton, sexually assaulted and murdered in 1988 by a sex offender released from prison after serving a five-year sentence for sexually assaulting another 11-year-old boy.
At the inquest into Christopher’s death, the jury recommended a sex offender registry.
All sex offenders must report yearly to the registry, which includes their name, date of birth, addresses, aliases, photograph, physical description, phone numbers, employer, volunteer work, education, driver’s licence number, motor vehicle descriptions and detailed information about their sex offences.
Offenders convicted of multiple sex offences or a single offence with a sentence of more than 10 years are required to report for life.
While the federal registry can only be accessed by specially trained RCMP officers who deliver the data to requesting police services, all police services in Ontario can directly access the provincial registry.
Neither registry is open to the public.
In the Supreme Court case, experts said recidivism among sex offenders declines over time. It’s been proven again and again, that kid rapists are not fixable. Given the chance, they will rape again and again.They also challenged the idea that someone convicted of multiple sexual offences is more dangerous than someone found guilty of a single offence. That premise does not consider the nature of the crimes or whether they relate to one incident or took place over years.
The Supreme Court concluded mandatory registration was “overbroad” because registering offenders who were not at an increased risk of reoffending “bore no connection to the purpose of preventing and investigating sex offences.”good old lying patriarchal supreme court of Canada, protecting the most vile of criminals, kid rapists who are usually men, while pissing on the law to leave me, a female, no where to go with my “valid” charter claim against Alberta’s largely male oil and gas industry regulator.
The remedy was to give judges some discretion about who goes on the registry and for how long. Child sex offenders sentenced to the penitentiary and recidivists must register.
Garg’s court heard that 44 per cent of abducted children who are murdered die within an hour of being taken. The provincial registry, which can be accessed by 1,400 authorized sworn and civilian police members, can help identify sex offenders in the area quickly, possibly preventing death.
Hamilton police told The Spectator the Ontario registry “is regularly used by investigators in cases where the offender is not known.”
Last year, Hamilton police conducted 418 sexual assault investigations that did not involve an intimate partner. They say 73 of those were committed by strangers.
The registry provides “real-time access” to sex offender information such as voice characteristics, weight, tattoos, scars and dental features.
In cases with an unknown suspect, police say they can conduct “radius searches” to identify registered sex offenders living near the crime scene.
Garg noted that during Roberts’ case, no specific examples were given of how the Ontario registry was of use in Hamilton in the 25 years since the registry was created.
“No example was provided of the registry assisting the police during an ongoing crime — such as a child abduction,” he wrote.
The judge concluded he is not persuaded that lifetime reporting assists police in time-sensitive investigations.
Hamilton police told The Spectator: “While not every use results in a public outcome, the ability to act quickly and accurately, particularly where vulnerable victims are involved, is operationally significant.”
Garg also questioned the effectiveness of having all Hamilton police updates and inquiries go through one particular officer.
Hamilton police told The Spectator: “One officer co-ordinates the registration and compliance process, but it is not a one-person operation in practice. The registry is managed by our offender management team in the Intelligence Unit. Trained members across the service can access the provincial system for investigative purposes, and it is queried thousands of times each year to support investigations.”
Refer also to:
2019: “It’s the judges!” enabling rape and murder of women. No kidding. In Canada too.
