Hamilton has a high concentration of sex offenders. What does that mean for the community?
Warning: this story contains information that may be disturbing to some readers.
More than 500 registered sex offenders live in Hamilton, with two postal codes having among the highest concentration of sex offenders in Ontario, data exclusively obtained by The Hamilton Spectator shows.
Experts and advocates say that should not be cause for alarm. Instead, it should shed light on the value of providing proper supports to offenders to mitigate recidivism, the need for better funding for sexual assault centres, and how the police handle high-risk cases.
However, there are some who will reoffend. And for some survivors, the fear perpetrators could harm them - or someone else - never goes away.
When he's out ... I live in fear," says a survivor, who cannot be named because of a publication ban, of one high-risk repeat Hamilton sex offender.
Jeffrey Smallwood, the registered sex offender in question, was put behind bars for at least the fifth time as recently as April after he breached his probation conditions. His victims have repeatedly reported breaches to police after finding him on dating apps and using social media.
Smallwood would be among the many sex offenders captured in data obtained by The Spectator from the Ministry of the Solicitor General. It includes the number of people on the Ontario sex offender registry and their active living addresses" listed only as forward sortation areas (FSA) or the first three characters in a postal code. There are more than 500-plus FSAs in Ontario. The data is current as of November 2021.
But what can be gleaned from this non-identifying data? Why are the rates in two Hamilton FSAs so high?
And most importantly: how concerned should the public be?
The Spectator has analyzed the data, combed through past reporting and spoken with experts in the fields of privacy, sex offender rehabilitation and survivor supports. The experts warn that the data alone tells a limited story, but with context, it can shed light on offender trends, sexual violence in Hamilton and system-wide gaps in Ontario.
By the numbers in Hamilton
There are a total of about 564 offenders listed as living in Hamilton's 21 FSAs. Their specific addresses, such as street names, are not disclosed in the data.
Spectator analysis of the data shows two Hamilton FSAs rank 14th and 15th in the province for most offenders per capita: L8N, which includes the Stinson and Corktown neighbourhoods, and L8L, which includes the bulk of north Hamilton. The Spectator's analysis used the most recent Statistics Canada census population data, which is from 2016.
L8N - with Ontario's 14th-highest concentration - has 45 offenders in a population of about 13,800. L8L - the 15th highest - has 100 offenders in a population of 30,800. That amounts to 325 and 324 offenders per 100,000 population, respectively.
Within Hamilton, the lower central city - L8N, L8L, L8M and L8P, specifically - has the highest rates in Hamilton. Areas such as Ancaster and Dundas and some Mountain neighbourhoods have among the lowest.
By comparison, the provincial rate is 96 offenders per 100,000 people, based on the 2016 census data.
The city's overall rate of offenders is about 119 per 100,000 - higher than Ontario's overall rate. Certain regions have significantly lower rates, such as Ancaster's L9G, at 47 offenders per 100,000.
In 2014, L8N had the 25th-highest concentration and L8L had the 17th highest.
What is the sex offender registry and who is on it?
The full Ontario sex offender registry, overseen by the Ontario Provincial Police, includes the names, dates of birth and addresses of offenders, as well as the sex offences for which for which they are serving or have served a sentence or of which they have been convicted or found not criminally responsible on account of mental disorder."
Sex offences range from flashing to child pornography to rape.
The data provided to The Spectator lists the FSA regions offenders have registered addresses in, and the number of offenders in each FSA.
The registry includes people in jails or prisons - more on that later.
Upon incarceration for a designated sex offence, the correctional institution becomes the active home address on file," said Greg Flood, spokesperson for the Ministry of the Solicitor General. Once an individual leaves custody, they are required to register their new living address to their local police service within seven days of release."
Those on the registry are required to register their home address with police for either 10 years or life, depending on their crime and if they've been convicted of more than one sex crime.
The law overseeing the Ontario registry is named Christopher's Law in honour of Christopher Stephenson, an 11-year-old boy who was kidnapped from a Brampton mall in 1988 by a convicted pedophile, Joseph Fredericks. Fredericks, who was out on parole, abused and killed the boy.
As of November 2021, there were more than 12,846 people on the Ontario sex offender registry. That is up from 8,513 people in November 2008 - an increase of 50 per cent over a 13-year period.
There is also an expanded registry which lists the total number of individuals on the registry, which includes individuals no longer required to report but whose address is required to remain on file," said Brent Ross, another ministry spokesperson. The expanded list was not part of the data provided to The Spec.
All current and historic addresses attributed to an individual are kept in the registry to ensure police have the ability to maintain public safety and quickly track down an offender should the need arise," Flood said of the expanded registry. This includes addresses of pardoned offenders, which remain in the registry for investigative purposes."
Flood confirmed there are a total of 25,801 offenders on the expanded registry as of February 2022.
As of 2022, the registry has a compliance rate of 96 per cent. Compliance" means they are following the reporting rules of the registry. The current compliance rate is the same as in 2008.
Why do two Hamilton regions have high rates?
It's not clear why two Hamilton FSAs have higher rates than other regions, though it seems likely the Hamilton-Wentworth Detention Centre, located at 165 Barton St. E. in the L8L postal code, could have something to do with it, since jails can be included as addresses.
The Ontario Provincial Police, which oversees the sex offender registry, says it can't speculate" on why Hamilton has relatively higher rates than other regions.
Cliff Yumansky, acting executive director of Circles of Support and Accountability (CoSA) Canada, an organization that receives public funding to help people who have committed sexual offences reintegrate back into communities, said it could be that those areas of Hamilton offer the best supports to offenders.
That's a good thing, he says, as increased reintegration supports have been shown to decrease recidivism. In fact, it's further stigmatization that could be harmful.
The last thing you want is for them to go underground," Yumansky said. You want them to be able to get the help that they need."
He wants to make clear: the data should not suggest in any way that Hamilton is less safe," though he acknowledges some community members may bristle at the thought of sex offenders living in their neighbourhood.
But, he stresses, they're going to go somewhere."
There is the notion of not in my backyard' but if they are coming out (of custody) free and clear, they have a right to live," Yumansky said.
Arthur Schafer, founding director of the Centre for Professional and Applied Ethics at the University of Manitoba, notes the data provided to The Spectator is limited because the geography is too broad.
Schafer notes the data only includes statistics by FSA, as opposed to each specific neighbourhood, which limits the public's understanding of where concentrations of sex offenders are located and why - such as a halfway home in a certain neighbourhood. The data also doesn't detail the severity of the offences, or their risk to reoffend.
He adds that in regions with smaller populations, a small increase in the number of sex offenders can quickly bump the area up the concentration list.
I think (the numbers) tell an important part of the story, but not the whole story," Schafer said.
Survivors' fears
When sex offenders are released back into a community, reoffending is a risk.
As is survivor retraumatization.
In April 2021, high-risk repeat sex offender Jeffrey Smallwood was jailed for at least the fifth time, this time after one of his victims said he messaged her online, breaching the conditions of probation. His victims had flagged breaches in the past.
Two survivors in the Smallwood case spoke with The Spectator for this story. Neither can be named due to a standard publication ban. They both said when he is released into the community, they live in fear he could harm them or someone else.
Once he's out of those (jail) doors, who's watching? Who is paying attention?" one survivor said. We're waking around terrified until he's caught again."
She said she has run into him in Hamilton, which traumatizes her all over again.
In 2018, Smallwood was sentenced to two years, less a day, after pleading guilty to five counts of sex assault. He was already a registered sex offender. By the time of his August 2019 release, a group of his victims had formed a support group to share experiences and post sightings. Three times, he's ended up in jail after they reported breaches.
The Spectator was unable to reach Smallwood for comment.
Learning that there are more than 500 people on the sex offender registry in Hamilton, the Smallwood survivor said it is ridiculous" that offenders' names and addresses aren't public.
You don't know if your next door neighbour is one," she said. It would put a lot of people's minds at ease if they knew."
The other survivor said she so badly wanted to alert the public about Smallwood that she considered putting up flyers around Hamilton.
Recidivism rates
Research suggests sex offenders are generally not more likely to reoffend than other convicted criminals. A 2013 University of Toronto analysis shows 14 per cent of offenders reoffended with another sexual crime after five years, 20 per cent after 10 years and 24 per cent after 15 years.
Participation with organizations such as CoSA have also been shown to help prevent reoffending. Recidivism rates over a five-year period for CoSA participants was 5.6 per cent, versus 22 per cent for offenders not participating in the program, according to a 2017 Public Safety Canada release.
Addressing the stranger danger" fear - offenders whose victims are strangers to them - John Clinton, the former executive director of the St. Leonard's Society, speaking to The Spectator for a past story, said the sex offenders his organization works with are by far" people who cultivated" relationships with their victims.
Statistics Canada data from 2009 to 2014 shows that in cases where police laid sexual assault charges, the majority - 87 per cent - of victims knew their assailant, while 13 per cent of sexual assaults were perpetrated by a stranger.
How do police monitor offenders?
In rare cases, police will make public identifying information regarding sex offenders living in the community.
We would only put out a release (about a sex offender living in the community) if it meets the threshold for public interest and grave hazard," said Jackie Penman, Hamilton police spokesperson. We are restricted by privacy legislation."
In March 2021, Hamilton police issued a rare public warning about Steven Edward Robinson, a repeat child sex offender being released into the community. He had completed a seven-year sentence for sexual interference. Parole documents showed he was at a high risk to reoffend.
At the time, Const. Indy Bharaj told The Spectator that Hamilton police's sex-offender registry unit will continue to proactively monitor" Robinson for any violations of court orders. Asked for an update on Robinson earlier this month, Hamilton police said they continue to adhere to the policies, procedures and conditions laid out for a parolee and to execute the plan in place by monitoring and reviewing Robinson's activities within our city."
Often, the public is not informed about sex offenders living in their community.
Such was the case with Gordon Stuckless, the man at the centre of the Maple Leaf Gardens sexual abuse case, who was convicted of sexually abusing dozens of boys over three decades. In January 2020, Stuckless' lawyer confirmed to media that his client was released to a Hamilton halfway house the month prior. Parole board documents deemed him to be a very low to low risk for future sexual offences." Hamilton police did not issue a warning to the public about Stuckless at the time. He died in April 2020.
Penman said Hamilton police conduct random checks and do proactive investigations" on sex offenders in Hamilton.
If a person is not in compliance with the Sexual Offender Information Registration Act or has committed a crime against the Criminal Code or some other statue, the person will be charged accordingly," she said.
What do survivor advocates have to say?
The Sexual Assault Centre for Hamilton and Area (SACHA) says it is increasingly responding to higher demand for services - though more offenders living locally than in other regions doesn't necessarily mean higher rates of sexual violence locally. For one, the majority of sexual assaults are never reported to police - Canada's Department of Justice puts the figure at five per cent - and when they are reported, just about one in 10 lead to a criminal conviction. Convictions are required for someone to end up on the registry.
SACHA's executive director, Jessica Bonilla-Damptey, says the pandemic has further complicated survivors' needs, with some unable to leave a home they share with an abuser during lockdowns, or unable to phone the crisis line due to lack of privacy. The centre has had to pivot, offering supports via text or online chats.
She hopes any discussion of sex offenders keeps survivors at the forefront.
And to meet survivors' increasingly complex needs and demands, SACHA needs more funding, Bonilla-Damptey said. The majority of SACHA's funding comes from the Ministry of the Attorney General.
Elected officials weigh in
Coun. Jason Farr said he trusts police to properly monitor offenders and act in the public's interest when it comes to disclosing information to the public.
Absolutely, I have full faith (in police)," said Farr, whose Ward 2 includes L8L and who sits on the Hamilton police services board.
But he says police also have to strike a balance between public interest and privacy interests.
Farr said while nobody wants to imagine" people convicted of pretty despicable" crimes living in the neighbourhood, he has confidence police do their due diligence in tracking offenders and making information public when it's deemed by them in their expertise to do so."
Anyone with concerns can always contact his office, Farr said.
Coun. Nrinder Nann, whose Ward 3 includes both L8L and L8N, said Hamilton's high rates are similar to those from years past. She added there is always a need for more supports for survivors and rehabilitated perpetrators alike.
When we're talking about reconciliation, rehabilitation, or even restorative justice ... I think SACHA is bang on in terms of the need for investing in the types of supports that help people down their journey of recovery or rehabilitation," Nann said.
It's no longer radical thinking. It is what we know to the be health lens and the well-being approach that actually allows us to coexist and thrive together in our communities."
Meanwhile, Matt Green, MP for Hamilton Centre, said regardless of sex offender rates, the focus should be on supporting survivors.
Everybody deserves to live in a community in which they feel safe," Green said.
Why is this data public?
For a long time, it wasn't.
The data was previously at the centre of a six-year court battle in which Ontario's information and privacy commissioner fought for access to information, arguing it should be public. The case went all the way to the Supreme Court of Canada and, in 2014, the top court ordered Ontario's corrections ministry to release the documents.
Fighting the release of the data following a freedom of information (FOI) request from Global News, Ontario's Community Safety Ministry argued it had concerns postal codes could be used to locate convicted sex offenders within communities. The ministry feared a release of such information could prompt offenders to go underground, fearing vigilantism, according to media reports at the time.
But Ontario's information and privacy commissioner took Global's side, as did the Supreme Court, ultimately.
The public has a right to access information that the government has that doesn't put privacy at risk," said Ann Cavoukian, Ontario's then-information and privacy commissioner, in a recent interview with The Spectator.
Cavoukian says that to this day, she has no idea" why the province put up such a fight against releasing the data, particularly since it could be severed and released without identifying anyone.
She still doesn't know how much the battle ultimately cost taxpayers. The Ministry of the Solicitor General won't say.
The ministry has complied with the 2014 Supreme Court of Canada decision," is all a ministry spokesperson would say.
While Cavoukian said she glad to hear the province willingly turned over the data to The Spectator upon request, she added: When the Supreme Court says do it,' you better do it."
I just want to remind people, (you) have a right to know," she said.
A note on the Spectator's analysis:
The offender data comes from the Ministry of the Solicitor General and is current as of November 2021. The population data comes from 2016 Statistics Canada census data. In some areas, FSA boundaries changed between 2016 and 2021. The FSA boundaries on the map are from 2016. The Spectator's analysis excludes FSAs where the data is less than 10 and FSAs that did not exist in 2016. The data is subject to error and should be interpreted with caution.
Resources for survivors of sexual violence:
SACHA (Sexual Assault Centre, Hamilton and Area): 24-hour support line 905-525-4162; sacha.ca.
Children's Aid Society - intake line: (905) 522-1121.
SAVIS (Sexual Assault and Violence Intervention Services of Halton): 905-875-1555.
Sexual Assault/Domestic Violence Care Centre at Hamilton Health Sciences: 905-521-2100 ext. 73557.
Katrina Clarke is a reporter at The Spectator. katrinaclarke@thespec.com