An independent senator, Kim Pate, has told media that she is drafting a bill for automatic pardons.
Canada has no automatic pardons for criminal convictions. However, it is common in other parts of the world, such as some US states, Australia and the UK.
In countries that have this process, some primarily non-violent offences, such as drug possession and DUI, can fall off the record after a certain number of years. Common time frames are five, seven, ten or 15 depending on the seriousness of the offence. This makes it easier for people with records to reintegrate through work, volunteering and other opportunities.
In Canada, the current pardon fee of $631 and onerous application process applies to everyone regardless of how serious or minor the record is. The only difference between a person with a summary conviction and an indictable conviction is the waiting period and processing period.
A person with a summary conviction must wait five years to apply for a Record Suspension, and the processing time is six months. A person with an indictable conviction must wait 10 years to apply, and the processing time is 12 months.
Pardon reforms
The Canadian government has promised to reform the pardon system, but halfway through the mandate, no legislation has been introduced. There was a public consultation process in 2016 conducted by EKOS Research that asked about support for automatic pardons. This was not a random sampling of the population as people opted in due to some direct interest in the subject matter. The largest group of respondents were people working in the criminal justice system.
Eighty-three percent of the people responding to the survey agreed that there should be some automatic process for minor crimes, such as property crimes, drug offences, non-violent offences and summary offences.
Kim Pate has been a long-time advocate for the rights of persons in the criminal justice system. She started her career with the John Howard Society before moving on to the Elizabeth Fry Society. Her first speech to the Senate was on the challenges faced by women in prison.
Pate told the Lawyer’s Daily, “The expungement of a criminal record should be earned by the passage of time without further charges or convictions alone, without any application or application fee.”
Benefits of automatic pardons
Pate said removing the bureaucracy and red tape of the Record Suspension system, would make the process fairer and more accessible. She also said the term “Record Suspension” should be changed back to “pardon” and that those with minor charges should have their records permanently expunged rather than simply “suspended.” Other countries also have the permanent expungement of records for some offences.
Pate told the CBC that she hopes Public Safety Minister Ralph Goodale will sponsor her bill. However, the government has plans to write its own legislation on pardons. The government has hinted that they will offer automatic pardons for minor marijuana possession after legalizing recreational cannabis. However, no legislation has been introduced.
If you think that pardons should be fairer and more accessible, please consider signing our petition. If you would like to get started with a Record Suspension to clear a criminal record for work, travel and volunteering, contact us today for a free consultation at 1-866-972-7366.