What is the burden on the accused to establish that an order under S.O.I.R. would be grossly disproportionate to the interests of the public in registration?

Manitoba, Canada


The following excerpt is from R. v. Pearson, 2007 MBPC 56 (CanLII):

The burden is on the accused to establish that the impact on him of an order under S.O.I.R.A. would be grossly disproportionate to the interests of the public in registration. The use of the word “grossly” imposes a high burden on the accused and has been interpreted to mean a “marked and serious imbalance” in weighing the competing interests (R v. Redhead-McIntyre [2006] c.c.c. (3d) 315 Alta. Ct. Appeal) S.O.I.R.A.

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