You may have heard the rumor that Canadian pardons are coming to an end and in fact we frequently receive calls from current clients and the general public with concerns about this. The short answer is: this is simply NOT TRUE. Currently there is no need to worry about this service disappearing and this rumor was likely started because of:
- Confusion about the new legislation, passed in March 2012
- New eligibility requirements for a Record Suspension
- Scams that take advantage of people applying for a pardon
It is no secret that the pardon process is confusing. I hope to help clear up this confusion by explaining the legislation change and new eligibility requirements that came into effect in March 2012. Don’t give up hope on getting a pardon yet!
Understanding Canadian Record Suspensions
Legislation was passed in March 2012 that changed a “pardon” to a “record suspension”; more details about this can be found here. This was just a change in name, as Canadian pardons and record suspensions still perform the same function. There was no mention in this change of laws that record suspensions would be coming to an end any time soon.
A few of the changes:
- Pardons are now called “Record Suspensions”
- The Parole Board of Canada’s filing fee increased to $631
- Wait times for applying for a record suspension increased to 5 years for summary offences and 10 years for indictable offences
- More strict eligibility criteria
By all accounts these changes have made obtaining a record suspension more difficult, which may have led to the mistaken conclusion that pardons are running out.
An interesting blog written by University of Ottawa criminology professor Justin Piche explores the background causes of the legislation change and what this could mean for individuals applying for a record suspension. His blog also discusses other aspects of the criminal justice system and is very informative for anyone interested in this subject.
New Eligibility Requirements
For some, the change in the law surrounding Canadian pardons does mean an end to being able to receive one. According to the new legislation, someone is never eligible if they have been convicted of:
- Sexual offences involving a minor (Schedule 1 offences)
Exceptions to 1:
The applicant must prove to the Parole Board of Canada that:
- They were not in a position of authority or trust toward the victim, or the victim was not in a dependent relationship with them
- There was no use, threat or attempt to use violence, intimidation or coercion toward the victim
- They were less than 5 years older than the victim
2. 3 or more indictable offences, for which the sentence for each was 2 years or more in jail
These more strict eligibility requirements make pardons/record suspensions unavailable to some individuals, but this does not mean that they are disappearing completely. Once again, this is a reflection of the government making obtaining a record suspension more difficult.
Important Points to Remember
Here is a list of points that may have caused confusion about “disappearing pardons”:
- Record suspensions/pardons can be revoked if the person re-offends
- If your record suspension/pardon has been revoked, you can still apply again when you are eligible
- The Parole Board of Canada is only agency that can approve, deny or revoke a record suspension/pardon application
- If you apply for a record suspension and are denied, you can reapply after one year has elapsed
The Parole Board of Canada takes the following into account when making their final decision:
- The applicant has been of good behaviour (has not committed another offence)
- Receiving a record suspension would provide the applicant with a “measureable benefit” (would improve their life)
- Getting a record suspension would help to rehabilitate the applicant into society (such as getting a job)
- Whether obtaining a record suspension would bring the administration of justice into disrepute (this is vague but allows the Parole Board of Canada discretion when it comes to more serious crimes)
Stay Informed
Staying informed about any possible changes in the law will help to dispel myths and make the pardon/record suspension application process less intimidating. A good reference for checking to see what legislation is currently before parliament is LegisInfo. Arming yourself with this information will also make you less vulnerable to scams that are attempting to use the “disappearing pardon myth” to their advantage.
No Need to Worry
Worrying about the fate of record suspensions will only make this process more stressful than it already is. Although the government may be getting more “tough on crime”, they are not taking away record suspensions. My advice for making the record suspension application process as stress free as possible is to stay informed and don’t believe every rumor you hear. At this time you may breathe a sigh of relief because record suspensions are not going anywhere!
Mentioned: Justin Piche, http://tpcp-canada.blogspot.ca/, @tpcpcanada