R. v. Maxwell (D.), (2015) 483 Sask.R. 223 (PC)
| Judge | Wright, P.C.J. |
| Court | Provincial Court of Saskatchewan (Canada) |
| Case Date | June 09, 2015 |
| Jurisdiction | Saskatchewan |
| Citations | (2015), 483 Sask.R. 223 (PC);2015 SKPC 146 |
R. v. Maxwell (D.) (2015), 483 Sask.R. 223 (PC)
MLB headnote and full text
Temp. Cite: [2015] Sask.R. TBEd. OC.065
Her Majesty the Queen v. Donald Maxwell
(2015 SKPC 146)
Indexed As: R. v. Maxwell (D.)
Saskatchewan Provincial Court
Wright, P.C.J.
June 9, 2015.
Summary:
The accused pled guilty to 11 counts of sexual assault in 2003. He had been subject to an order requiring him to comply with the Sex Offender Information Registration Act since 2005. The accused applied for an order terminating his obligation to comply with the Act pursuant to s. 490.027(1) of the Criminal Code.
The Saskatchewan Provincial Court dismissed the application.
Criminal Law - Topic 3090.5
Special powers - Sex offender registration legislation - Registration - Exceptions or exemptions - In 2003, Maxwell pled guilty to 11 counts of sexual assault - The assaults consisted of Maxwell brushing against the victims' buttocks or thighs - At the time, Maxwell was the mayor of his village, and the victims were employees or residents of the village - Maxwell now worked in the oil sands - His schedule required him to spend 14 days working in Alberta followed by seven days at home in Saskatchewan - Since 2005, Maxwell had been required to comply with the Sex Offender Information Registration Act - He was required to report to the RCMP every time he left home for seven days or more and again when he returned home - He was permitted to report by telephone - He was also required to report in person once per year - Due to his work schedule and the limited office hours at the RCMP in his village, he had to travel 50 miles to another town to report in person - Maxwell applied for an order terminating his obligation to comply with the Act pursuant to s. 490.027(1) of the Criminal Code - The Saskatchewan Provincial Court dismissed the application - Maxwell failed to meet the burden of establishing that the impact on him of continuing his obligations under the Act would be grossly disproportionate to the public interest in his continued registration - The evidence showed minimal, if any, impact on Maxwell personally or professionally - Neither his employment nor his ability to earn income were impacted.
Counsel:
Sandeep Bains, for the Crown
George Green, for the accused.
This application was heard at Saskatoon, Saskatchewan, before Wright, P.C.J., who delivered the following judgment on June 9, 2015.
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R. v. E.J.L.,
...and too speculative in emphasizing the risk of inadvertent or improper disclosure of registry information. See also: R. v. Maxwell, 2015 SKPC 146 [Maxwell]; R. v. Fleury, 2018 SKQB 95 [Fleury]; and S.S. v. R., 2018 ONCJ 123 [38] I accept the criticism of J.M.S. as relying on spe......
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R v Doe, 2019 ABQB 66
...Provincial Court held to the contrary in R v S(JM), 2013 BCPC 141, other Courts (e.g. the Saskatchewan Provincial Court in R v Maxwell, 2015 SKPC 146, and the Ontario Court of Justice in SS v R), have concluded that emphasizing the risk of inadvertent or improper disclosure or registry info......
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R. v. FLEURY, 2018 SKQB 95
...be helpful to a s. 490.016(1) analysis. [20] Judge B.D. Wright, in determining whether to terminate a registration order in R v Maxwell, 2015 SKPC 146 [Maxwell], thoroughly canvased the case law respecting s. 490.012(4) as well as one Canadian decision concerning an application to terminate......
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R. v. E.J.L.,
...and too speculative in emphasizing the risk of inadvertent or improper disclosure of registry information. See also: R. v. Maxwell, 2015 SKPC 146 [Maxwell]; R. v. Fleury, 2018 SKQB 95 [Fleury]; and S.S. v. R., 2018 ONCJ 123 [38] I accept the criticism of J.M.S. as relying on spe......
-
R v Doe, 2019 ABQB 66
...Provincial Court held to the contrary in R v S(JM), 2013 BCPC 141, other Courts (e.g. the Saskatchewan Provincial Court in R v Maxwell, 2015 SKPC 146, and the Ontario Court of Justice in SS v R), have concluded that emphasizing the risk of inadvertent or improper disclosure or registry info......
-
R. v. FLEURY, 2018 SKQB 95
...be helpful to a s. 490.016(1) analysis. [20] Judge B.D. Wright, in determining whether to terminate a registration order in R v Maxwell, 2015 SKPC 146 [Maxwell], thoroughly canvased the case law respecting s. 490.012(4) as well as one Canadian decision concerning an application to terminate......