Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog

SENTENCING-SECTION 161 CRIMINAL CODE PROHIBITIONS

R. v. CPR, 2024 MBCA 22, February 27, 2024, at paragraphs 23 and 24:

The purpose of s 161 prohibition orders is to protect children from sexual violence.  Such orders are discretionary.  The section provides flexibility to sentencing judges so that the conditions can be tailored to the circumstances of a particular offender and offence (see R v KRJ, 2016 SCC 31 at paras 45-47 [KRJ]).

The imposition of an order under s 161 does not require an offender to have committed the offence in the circumstances contemplated by the order (R v JB, 2022 ONCA 214 at para 56 [JB]).  Nor does an assessment finding that an offender is a low risk to reoffend preclude a sentencing judge from exercising their discretion and imposing a s 161 order because “risk assessments are not given to exact measurement” (R v Miller, 2017 NLCA 22 at para 20).  However, there must be “an evidentiary basis upon which to conclude that the particular offender poses a serious risk to young children and be satisfied that the terms of the order are a reasonable attempt to minimize it” (JB at para 56; see also KRJ at para 48).