Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In this episode, Kyla Lee from Acumen Law Corporation discusses a significant case involving the Sex Offender Registry and the impact of suspended declarations of invalidity in Canadian law.
Key Points Discussed
The Legal Context
The Supreme Court of Canada ruled that mandatory sex offender registration was unconstitutional. While this decision removed automatic entries for many individuals, it left others—like Mr. Lepki—caught in a legal limbo.
The Suspended Declaration of Invalidity
Instead of striking down the law immediately, the court suspended its decision, allowing the government time to enact new legislation. During this period, the law remained in effect, leading to individuals being sentenced under a statute that had already been deemed unconstitutional.
Mr. Lepki’s Case
Mr. Lepki was sentenced and required to comply with the registry order during the suspension period. He later appealed, arguing that the court should have applied the new, discretionary version of the law instead of the mandatory order. The court disagreed, ruling that his sentence was valid because the law was still technically in force at the time.
Why This Case Matters
It raises serious concerns about fairness—should individuals sentenced under an unconstitutional law be bound by it, even if a better law later replaces it?
It incentivizes delays in sentencing, as accused individuals may try to wait out the suspension period in hopes of benefiting from a more lenient law.
It undermines fundamental legal principles—if a law is unconstitutional, allowing it to continue being applied creates uncertainty and potential injustice.
Despite these significant legal issues, the Supreme Court of Canada declined to hear this case, missing an opportunity to clarify the effects of suspended declarations of invalidity and prevent future court delays.
Topics Covered
-The implications of suspended declarations of invalidity
-How unconstitutional laws continue to impact individuals
-The potential for increased court delays in similar cases
