Record Suspension fees continue to be reviewed by the Government of Canada. One of the new Liberal government’s first announcements was a review of pardons. The previous government changed the name of pardons to Record Suspension.Important update: On Nov. 7, the Government of Canada announced a second public consultation. During this consultation period, which lasts until Dec. 7, 2016, the public will have a second opportunity to share their perspectives. As well, key stakeholders will be invited to in-person consultations. According to the government's website, these are the factors the new consultation will look at:
The review of the Criminal Records Act is aimed at ensuring that record suspensions are:
- consistent with the Government of Canada’s goals to increase public safety;
- providing value for money;
- evidence-based; and,
- aligned with the Charter of Rights and Freedoms and Canadian values.
In the spring, the Liberal government held its first public consultation. At this time, the government asked Canadians about fees and wait times.As a result, these are the three things the government might change:
Record Suspension fees
The previous government changed the application fee from $150 to $631. However, it’s possible that the government is considering a two-tiered application fee. This may mean cheaper applications for people with summary offences. Alternatively, it could also depend on the number of offences.One thing you should be concerned about is that you could pay more if you have indictable offences on your record. The $631 is a full cost recovery model, says the government. In other words, it doesn’t cost the taxpayer. As a result, let's say they lower fees for people with minor offences. Then, people with serious offences will pay more to make up the balance. At least they will if the government sticks to the full cost recovery model.
Waiting period
Record Suspension fees weren't the only increase. The previous government increased the waiting period as follows:
Summary: three years was increased to five years
Indictable: Five years was increased to 10 years
Will the government roll back the waiting period? It’s possible, but not guaranteed. They could simply add more tiers. For example, you could wait longer if you have multiple offences.Currently, the government is defending itself in court over the retroactive element of Record Suspensions. A citizen who applied after five years found himself having to wait 10 years when the government changed the law. He is arguing this was unconstitutional.In a comment to CBC, the government affirmed that they are reforming the system and that legislation is on the way.
Record Suspension v. Pardon
Record Suspensions used to be called pardons. Many think they should go back to the old name. The word pardon affirms that the government has forgiven the past offence. The person is now recognized as a fully law-abiding member of society. Ralph Goodale, the public safety minister, also said he would be looking at the name.We don’t know when the current government will be rolling out its criminal justice reforms. It seems that marijuana legalization is a larger priority right now. Hopefully we will see some change in 2017.Be aware that not all changes will be improvements. If you are waiting to apply, keep in mind that we cannot tell you if the new legislation will benefit you. It could make your application harder or more expensive. In the meantime, you could be missing out on the opportunities that are provided by a Record Suspension. Also keep in mind that it takes time to gather all your documents for your application.Get in touch with us today to start working on your Record Suspension and prepare yourself for a better future. Call us at 1-866-972-7366 to speak to a client specialist.
