It will be another nine months before Parliament can consider Canada’s Record Suspension laws.
Shortly after being elected, Public Safety Minister Ralph Goodale said the government was interested in fixing the Record Suspension system, which he called “punitive.” In 2016, the government embarked on two consultation periods looking at fees, waiting periods, the potential for automatic pardons and even whether the name “Record Suspension” was appropriate for what used to be called “pardons.”
On May 7, MP Wayne Long introduced a private members bill asking the government to forward the issue to the Standing Committee on Public Safety and National Security for study and report back within nine months. The things he asked the committee to look at are:
- The impact of a Record Suspension on reintegration
- The impact of the fees on low-income applicants
- Possible changes to the fees
- Improvements to better support applicants
Long said that low-income applicants find the fee of $631 to be a significant barrier to getting a Record Suspension, which is essential to employment. For example, he said a John Howard Society study indicated that 60 percent of survey respondents said that a criminal record check was a prerequisite at their place of work. He noted that after the previous government introduced changes to the pardon system in 2012, applications decreased 57 percent.
While currently, 3.8 million Canadians have criminal records, only 11 percent of them have been granted pardons or Record Suspensions.
“We need to give those who deserve it a real second chance,” he said. “When a Canadian who has been involved with the criminal justice system is rehabilitated and reintegrated as a productive and thriving member of our society, everybody wins.”
Why more study on Record Suspension reforms?
Long was asked why he chose to introduce the matter as a private members bill instead of simply placing it on the committee’s agenda and bringing back proposed legislation.
“The Liberals feel that the best way forward is to propose Motion No. 161, debate it, study it, and have a good dialogue among all three parties,” he said.
Conservative MP Glen Motz said he was opposed to further study on Record Suspensions, stating, “I believe that the language of this motion, which focuses on the hardships of convicted criminals, once again follows the trend of the current Liberal government to be soft on criminals.”
NDP MP Matthew Dubé said the government was “dragging its heels” on reform of the pardon system. He noted that since the pardon system was put in place in 1970, 96 percent of the pardons or Record Suspensions granted were still in force, which means that the person did not re-offend.
“Once again, the government wants to study this situation ad nauseam,” he said. “Meanwhile, there are citizens who deserve to be pardoned, who have done their time, who have paid their fines, who are rehabilitated and can now reintegrate into our society and begin contributing to our communities.”
The passing of the motion means that people hoping for a less expensive and more accessible pardon system will have longer to wait. The committee will study the issue and within nine months possibly bring back legislation for further study and debate. The Conservatives remain opposed to any reforms of the Record Suspension system, which they changed substantively in 2012. Although both the Liberals and NDP support reform, if the government does not pass a bill before the next election it could be lost. The Liberals could lose an election or lose their majority.
If you are thinking of applying for a Record Suspension, the best thing to do is to get started today. The government is moving slowly on this issue and there is no certainty that any legislation will be passed. In the meantime, you could lose out on opportunities while waiting for a fairer system to be enacted. Contact us today for a free consultation on getting a Record Suspension at 1-866-972-7366.