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Many changes have happened to the pardon system in Canada, which can be confusing to people with criminal records. Eventually a person with a criminal record will want to seal it so that they can go on with life. Technically, pardons are not still available in Canada, but a Record Suspension does the same thing as a pardon. In addition, there is a limited situation in which a person may receive a pardon instead of a Record Suspension.
What is a Record Suspension?
A Record Suspension seals a criminal record in the national database of criminal records. This means that when you get a record check for a job, your background check will come back clear.
A Record Suspension doesn’t erase the criminal record altogether, but it does help you move forward as long as you keep a clean record.
What is the difference between a pardon and a Record Suspension?
Until 2012, the government of Canada was issuing pardons. The Conservative government decided to change the name to reflect the fact that the record never really goes away. It is just sealed.
Most of the other changes made were in terms of the fees and eligibility:
- Increased wait times
- Higher fees
- Some offences are now ineligible
Otherwise, a pardon and a Record Suspension are essentially the same thing.
When are pardons still available?
Two important court decisions were recently announced that had on impact on people living in BC and Ontario. Two superior court judges found that the government acted unconstitutionally by retroactively extending the eligibility for pardons for people who had already been sentenced.
The judges determined that living with a criminal record was part of a person’s punishment and that the government cannot extend a person’s punishment after they have already been sentenced. As a result, people in BC and Ontario who were sentenced prior to 2012 can apply for a Record Suspension and may be granted a pardon instead. In that sense, pardons are still available in Canada.
People who qualify need to fill out the standard Record Suspension application and send it to the Parole Board of Canada. If the Parole Board determines that these two court decisions apply to you, they will grant you a pardon instead of a Record Suspension.
This is only available to people in BC and Ontario because only their courts have ruled on the matter. The question hasn’t turned up in the Supreme Court of Canada.
The main benefit of a pardon over a Record Suspension is that the eligibility periods are lower. They are:
- Three years for a summary offence
- Five years for an indictable offence
The eligibility period for a Record Suspension is:
- Five years for a summary offence
- Ten years for an indictable offence
Will the government offer pardons in the future?
The Canadian Public Safety Minister Ralph Goodale announced shortly after being elected that the government was going to make changes to the pardon system and they were unhappy with the changes that the previous government had made.
The government may or may not go back to the name pardons. They are considering both sides of the issue and will make a decision. Some people say the term “Record Suspension” is accurate and the word “pardon” implies forgiveness that can only be given by the people directly affected by the crime.
Other people say that the term “Record Suspension” is ideologically motivated and doesn’t recognize the capacity of people to change. They say that the government should be helping people put the past behind them and this is what a pardon accomplishes.
The Public Safety committee is currently studying the issue and is expected to report back to Parliament in early 2019.
All of the changes to the pardon program are confusing. If you would like more information about eligibility, contact AllCleared for a free consultation at 1-866-972-7366.
