The Parole Board of Canada has cleared its pardon backlog of summary offences. However, many clients with indictable offences are still waiting for their pardon applications to be reviewed.
On March 8, the Parole Board updated its website with new information for people with indictable offences. This new update divides offences into two streams:
- For “regular” indictable offences, the Parole Board is processing applications which were accepted up to Nov. 8, 2011.
- For serious personal injury and sexual offences, the Parole Board is processing applications accepted up to Oct. 27, 2011.
What is the pardon backlog?
The backlog included offences received between March 2011 and Feb. 2012. It occurred when the Government of Canada passed legislation in 2010, which increased the complexity of processing applications. The Parole Board stated the user fee was not enough to cover the cost of applications.
How many applications were affected?
The backlog started with 22,320 applications. The Parole Board states there are approximately 4,500 remaining.
Why does the pardon backlog only affect old applications and not new applications?
The government passed legislation switching from a pardon to a Record Suspension process in 2012. Those who applied for the Record Suspension paid a full user fee of $631. This meant the Parole Board had to process their applications within the statutory time frames. Those time frames are six months for summary offences, 12 months for indictable, and 24 months where the Board proposes to refuse the Record Suspension.
Can I withdraw my application and apply for a Record Suspension?
You can withdraw your application, but you should keep in mind:
The Parole Board states that it is working to clear pardon applications by March 31, 2017. If you withdraw your application now, you will lose your previously paid fee. You will have to submit the new fee of $631. The timeline for your pardon application will be a year. It is unclear if you will receive the pardon sooner. If the Parole Board is correct in its time estimates, you will not receive a Record Suspension much sooner than you would a pardon. It may even take longer. You will also need to redo your police checks.
It’s also important to remember that the waiting period has changed from five years to 10 years for an indictable offence. You cannot apply for a Record Suspension if you finished your sentence, including fines and probation, less than 10 years ago.
What can I do?
As the leading provider of pardon services in Canada, we believe pardons are a part of helping people with past offences integrate into society and contribute through employment, educational opportunities and volunteer work. If you agree that pardons should be fair and accessible, visit www.lifttheburden.ca, and learn how you can help.
Pardon Services Canada has spoken to thousands over the past 25 years looking to remove their record. It’s been our experience from talking with clients that carrying a criminal record continues to place discrimination and restrictions on them, even after any fines or other related sentences have been served.