We’ve received a lot of calls over the past few days from people concerned about the proposed changes to the Pardons legislation.
There is a lot of media surrounding this announcement but many articles are publishing rumours or incorrect information.
Below is an initial summary of the proposed Bill C23. Remember, this is a proposal and will not become law until it is passed by the legilative bodies.
Eliminating Pardons for Serious Crimes
Bill C-23, Eliminating Pardons for Serious Crimes Act, would amend the Criminal Records Act and other Acts. The current system of pardons would be replaced, and “pardons” would be replaced by a more restrictive and narrowly defined “record suspension.”
To be granted a record suspension:
■the applicant must not have been convicted of an offence involving sexual activity relating to a minor – as set out in a schedule of specified offences – unless the applicant can demonstrate s/he was “close in age” and that the offence did not involve a position of trust/authority, bodily harm or threat of violence/intimidation;
■the applicant must not have been convicted of more than three (3) offences prosecuted by indictment.
The National Parole Board (NPB) may order a record suspension if it is satisfied that:
(For summary conviction offences):
■during the applicable waiting period, the applicant was of good conduct and was not convicted of an offence under an Act of Parliament;
(For indictable offences):
■ordering the record suspension would provide a measurable benefit to the applicant; would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.
■The onus is on the applicant to satisfy the NPB that a record suspension would provide a measurable benefit to themselves and sustain their rehabilitation as a law-abiding citizen.
In determining whether the ordering of a record suspension would bring the administration of justice into disrepute, the NPB may consider:
■the nature, gravity, and duration of the offence;
■the circumstances surrounding the commission of the offence; and
■information relating to the applicant’s criminal history.
The NPB shall, within three (3) months of the end of each fiscal year, submit to the Minister a report containing the following information:
■the number of applications for record suspensions made for both summary conviction and indictable offences;
■the number of record suspensions ordered and the number of record suspensions refused in respect of both summary conviction and indictable offences;
■the number of record suspensions ordered, indexed by the offence to which they relate and the province of residence of the applicant; and
■any other information the Minister may require.
The NPB may disclose decisions that order or refuse to order record suspensions, though it may not disclose information that could reasonably be expected to identify an individual (unless authorized in writing by that individual).
These measures will come into force on Royal Assent as follows:
■applications received on or after the day of coming into force will be disposed of under the new measures;
■applications received prior to coming into force and not disposed of will be governed by the previous rules.
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011.
Tags: canada pardon, criminal record removal, criminal record removed, pardon, Pardon Legislation, pardons, pardons canada, Record Suspension
Pardons Blog 
May 13, 2010 at 6:31 pm |
The Law should not change because of media and just in the case of one person. Karla is just a bad apple and she should have been punished differently. the Law change will simply put more criminals in the society, the new Law will be unfair and unjustified. this means if a Kid who is 19 years Old and steals a couple cars within a few months will never have the opportunity to turn around his life and change. and he will get the same pardon rules as a sex offender since his crimes are also indictable. Harper is a head of a country, HE should NOT allow emotions and a couple of New channels change the Law for the worse. around 97% of all pardoned will not commit a crime which is a very good #.
May 25, 2010 at 6:28 pm |
I agree the law should not change as i am a person that was pardoned for crimes i did as a teenager and young adult being a product of my environment i did a lot of things friends around me where doing but i am now a totally different person at age 30 and have a family kids and had such a tough time getting a job without the pardon. with out a pardon the time you serve means nothing as you still are punished your whole life with your criminal record making it almost impossible to get a good job which will force these people back to their criminal past. If this law only changes for sex offenders especially multiple sex offenders then im for it but i disagree to cancelling pardons for any persons with 3 indictable offenses
June 2, 2010 at 11:31 pm |
this new law is insane and it should not pass. it will only cause more problems. this is a scheme by harper playing with people’s feelings and trying to scoop up a few votes.
everyone please follow this link and Join us in protesting the proposed changes to the pardon system ‘Record Suspension’ in Canada
http://conshelpingcons.com/protest-pardon-changes-record-suspension-canada.html
November 30, 2011 at 1:38 am |
I agree the law should not change as a person that was pardoned for crimes that was done as a teenager and young adult being a product of my environment i did a lot of things friends around me where doing but i am now a totally different person at age 37 and have and had such a tough time getting a job without the pardon. with out a pardon the time you serve means nothing as you still are punished your whole life with your criminal record making it almost impossible to get a good job which will force these people back to their criminal past. If this law only changes for sex offenders and murderers especially multiple sex offenders then im for it but i disagree to cancelling pardons for any persons with 3 indictable offenses
January 28, 2012 at 6:49 pm |
no one in the world knows what goes on some one life who have been set up. When you have to cross the US lines the offices makes your life a living hell. i am sure the president of the US knows of half the stuff his offices do to people. And now Canada wants to change the rules. What happens to the poor people whom is trying to change their lives not every body is rich!!! Why do we have to be punish for people Like Karla, its the government whom give her that chance, not the public. Please let your conscious be your guide. I disagree to the change you have to know the difference of who crosses the line like karla.
July 31, 2012 at 1:10 am |
OK. say you’re a single father with only one child. you raise him or her for 10 yrs on your own. One night a buddy stops in ,(your child is 15 yrs old) you go to the local bar (5 min drive) chug back the last 2 beer so you can call it a day and get back. Opp nail’s you at a over pass. Blow 120 mgr over 80.So 1.20 mgr reading over legal .080 mgr. .05 mgr now. Or 2 beers over the limit for a criminal record. No damage- No other offenses (IE . speeding -reckless etc.) complete co-operation.1 yr suspension and $600 fine THEN. The legislature then would not allow the desecration of the judge. I have not driven in 12 yrs and am stuck in a lunatic town. Is that not punishment enough? MADD is obsessed and hearsay is hearsay, let the judge decide. Give back fair trial.