SENTENCING - Sexual assault - Particular sanctions - Aboriginal offenders

Law360 Canada ( July 28, 2025, 1:20 PM EDT) -- Appeal by Wiens from sentence of three-years’ imprisonment and 20-year Sex Offender Information Registration Act (SOIRA) order. Wiens was convicted of sexually assaulting an unconscious friend. Wiens claimed Indigenous (Mohawk) heritage but the Gladue report lacked substantive details about her Indigenous identity and circumstances. She sought to be exempted from complying with SOIRA sexual offender registration requirements. Wiens alleged the judge made multiple errors in not providing her with an exception from SOIRA registration and sought to have the order quashed. Specifically, she contended the judge erred by: (a) failing to consider her circumstances as required by s. 490.012(4)(d) of the Criminal Code; (b) failing to consider the doctor’s expert opinion as required by s. 490.012(4)(f); (c) predetermining the outcome of the application without regard to any of the statutorily mandated factors, or the submissions of counsel; and (d) misapplying her criminal history to the analysis under s. 490.012(4)(e)....
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