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.
I don’t think it is fair for who want to be productive citizens. To have to wait 10 years especially since they done nothing wrong since last offense . how do they expect to pay for the pardon if they can’t earned money …to pay the fees.Everyone DESERVED THE CHANCE TO BETTER THEMSELVES..like really..some of us have family to feed and want to do RIGHT.
Yes, Elizabeth, that’s a key issue. No matter what happened in the past, people need to be able to make a living and care for their families. Please consider signing our petition asking the government for a fairer system for reformed Canadians. https://www.change.org/p/1-in-8-has-a-criminal-record-let-s-lift-the-burden-and-make-record-suspensions-free-and-accessible-for-law-abiding-canadians
In a summary conviction, I understand when the government will not pardon a person who has multiple summary convictions. However, there are those people who made one dumb mistake(summary conviction) and never repeated it again. Those people must be exonerated. The cost of the pardon should be a minimum cost and the pardon should happen quickly.
Good points, Larry. Judging by their last consultation, it looks like the government is considering such an approach where minor offences would be pardoned for a lower application fee. Right now they pay the same $631 as people with serious offences.
I agree with larry. I know a person who did something very stupid 44years ago. He has since married and raised three beautiful law abiding children. He worked hard for over 40 years and never got into any trouble with the law again. He is now disabled from his job and we would love to be able to travel out of the country but at the cost of a summary conviction that will never happen. I feel that after 44 years of being a law abiding citizen, who paid through the law for his crimes should not have to pay that price on a disability pension. I know everything I just told you because I am the lucky lady who married him all those years ago.
l
Hi Colleen, Thanks for sharing your story. Pardons should be free for people like your husband so that they can enjoy the restful retirement that they earned. Your story helps people realize that this is an issue that affects ordinary people.
i really hope that they come up with some fair options, As a person with a record, more than just one mistake i understand that it is my burden to prove that i have changed and deserve this chance, but as it is now with the new laws, i am stuck for a decade waiting for a chance at being seen as equal. I have worked hard to turn my life around and have spent 8 years living a good life, but harper changed the laws and now as off 8 months ago i went from being close to eligible to having to wait ten years from now.. sound strange??? it is, an old court fine that no longer showed up on a registry check. (i did one in 2010) they used to delete fines if they were older than 7 years. (i guess they stay on some record somewhere, cause Harper changed it so that all fines have to be paid off first and once paid the 10 years starts.. So when i checked again in jan of this year the old fine resurfaced and i have to wait ten years from the day i pay. sadly i can’t afford it so i gave up.. ill be fifty before i can get a pardon now. what a waste of my 4 years in university now that my career is hampered by a record i had planned to get a pardon for. BUT i will keep fighting if it proves that not all ex criminals are lazy and misbehaved.
Hi Jason, Thanks for sharing your story. Unfortunately, it is one that is all too common. Many people do not realize they have unpaid fines until after they start the process to get their record suspended. This is often because they were young or had other issues happening in their life at the time. Sometimes the knowledge of the fine only exists in the court record which the person hasn’t considered accessing until it is time to apply for a record suspension. It seems that there needs to be some sort of change to help people, so they aren’t in this situation.
I committed 4 crimes as a 17 year old back in 1980 and never thought i would need a record suspension until i lost my job of 20 years . I had difficulties due to having a criminal record finding a good job so i applied for a record suspension and the process takes time and i am expecting a letter soon. I know that once i get it i can apply for jobs and not worry about that criminal record that has cost me many good opportunities.
Hi Joseph,
Congratulations on taking the steps on sealing your record. We hope everything works out well from here.
Hi there,
Just wondering if there was any updates on the pardons wait time so far? I understand that there is a legal challenge currently before the courts regarding the pardon’s wait times and the charter of rights.
Hi Tony,
The Parole Board of Canada website states that all of the files that were in the backlog have now reached the final investigation stage. Hopefully those people will receive their decisions in the next year. However, pardon applications are not subject to the same time-frame commitments as Record Suspensions. Here is a link to the page on the Parole Board’s site with the official information: https://www.canada.ca/en/parole-board/services/record-suspensions/update-on-the-pardons-backlog.html
As far as the constitutional challenge, it doesn’t appear that a decision has been rendered. The lawyer, Michael Spratt, has not updated his website or crowd-funding page and there is nothing on CanLii.
Hello,
My Name is S.M. I was convicted summarily for 1 count Sexual Interference and one count of possession of child pornography. I have never had any problems with the law before 2010. Long story short of it is that I dated a girl I believed to be of age that I later found out wasn’t of age when I got arrested, but ignorance is not an excuse for the law and I admit It was all my fault being too naive.
I spent 2 years on bail till I was convicted, I then received a 90 day sentence and 2 years probation. I received a note from a psychologist during my pre-sentence report to crown that I was labeled a low risk to re-offended. During this time the conservatives changed the pardon laws.
I have since kept my job I have worked for 9 years. I think it is unfair that for a my first and only offence I can never be eligible for a pardon (record suspension). Too me it feels like I severed my punishment and I am still being punished by not being allowed to contribute to society. I was convinced when I was 24 and I’m 30 now.
I realize too most people when they hear these charges they think the worst, But I’m no different than any other offender that simply made a mistake. I hope Minister of Public Safety Ralph Goodale or Prime Minister Trudeau have mercy and do not ostracize me further in life. Remember a pardon is helpful to not reoffend because once a pardon is obtained I myself would be fearful to loose it and not take it for granted.
Best of luck to anyone in the same situation as me.
Hi S.M., Thank you for sharing your story and raising awareness about the importance of Record Suspensions. While it may seem to benefit society to limit certain types of offences, one must, of course take into consideration the need to help people get back on track through employment and opportunity. This also delivers significant benefit to society. You might want to consider writing a letter to Minister Goodale so that your experience can be taken into consideration as part of his review of the pardon laws.