If you live in Ontario, you may have heard about recent changes to Ontario pardons as a result of court challenges. There have been some changes to applying for a pardon in Ontario, but for most people, the situation has not changed.
Changes to Ontario pardons
Wait times
A person convicted prior to 2012, may have a shorter wait before they can apply for a pardon. The current wait times for most people are five years for a summary offence and 10 years for an indictable offence. However, if you were convicted prior to 2012, you may be eligible for a three- or five-year wait time depending on whether your conviction was summary or indictable.
The wait period does not start until after you have completed all aspects of your sentence including jail time, probation and fines or restitution.
Eligibility
Some people were made ineligible due to changes in the law. These include people with Schedule 1 offences against a minor and people with more than three indictable convictions each with a sentence of two years or more.
Criteria
In 2010 the criteria to receive a pardon became more subjective. The Parole Board of Canada now wants to know if your pardon would reflect poorly on the administration of justice. They may use the seriousness of the crime or the negative impact on the victim to make this determination.
If you are applying under pre-2010 rules, your application may not be considered against this tougher standard.
Getting a ‘pardon’
In 2012, the name of the program was changed to Record Suspension. This is because it more accurately reflects what happens when your record is sealed. It is not completely forgiven. If a person reoffends, the record would be unsealed and become part of the official record. If you were convicted prior to 2012, you would receive a pardon. However, only the name is different. It would still be unsealed if you were to commit new offences.
What hasn’t changed
The previous government raised the fee for a Record Suspension to $631 from $150. This hasn’t changed since the court challenge, you still need to pay the $631 to get Ontario pardons.
How did the changes come about?
An Ottawa man challenged the constitutionality of changing the law and applying the change to people who have already been sentenced. This is contrary to the Charter of Rights and Freedoms because a “punishment” can not be extended after a person has been sentenced.
The Government of Canada planned to challenge his case in court. However, while he was awaiting the hearing, another judge in British Columbia heard a similar case and found that applying the changes retroactively was unconstitutional. After reviewing the decision, the government withdrew from the Ontario case.
The Ontario judge made a similar finding. Today, only residents of two provinces, BC and Ontario, can apply for pardons under the old rules. There are two reasons for this:
- Provincial courts cannot change federal laws
- The government is going to introduce its own system and doesn’t want to make changes to the law yet.
How do you apply under the old rules?
The process to apply under the pre-2012 pardon rules are the same as the current rules. Get a Record Suspension application and guide from the Parole Board of Canada and follow the steps. Once the Parole Board of Canada receives your package, they will decide whether to judge it under the old rules or the new rules.
Find out if you are eligible
If you have questions about changes to pardon / Record Suspension laws, contact our client advisors for a free consultation. They’ll be able to let you know if you are eligible and the next steps to proceed. Contact us today at 1-866-972-7366.