Question Period Note: Cannabis Pardons

An update on the implementation of record suspensions for the offence of simple possession of cannabis.

• A criminal record can create barriers to reintegration including the ability to access employment, housing and education.

• Removing the stigma of a criminal record encourages reintegration and enhances public safety for all Canadians.

• On August 1, 2019, Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis, came into force.

• This legislation amended the Criminal Records Act to provide an expedited record suspension process for those convicted only of simple possession of cannabis. These changes waive record suspension application fees and wait periods for those previously convicted only of the simple possession of cannabis.

• In support of this initiative, the Government invested $2.19 million to support the Parole Board of Canada and Royal Canadian Mounted Police to implement this expedited process.

Expungements vs. Pardons (If pressed)

• Expungement is an extraordinary measure reserved for exceptional cases, such as where the criminalization of the activity violated the Canadian Charter of Rights and Freedoms. This is not the case for convictions for simple possession of cannabis. Record suspensions are the appropriate recourse for these convictions.

On October 17, 2018 the Cannabis Act, came into force. This Act created a process to regulate the production, distribution and possession of cannabis. Recreational possession of cannabis was previously an offence under the Controlled Drugs and Substances Act (CDSA).

The Government of Canada committed to making things fairer for those with convictions for simple possession of cannabis. On June 21, 2019, Bill C-93, An Act to provide a no-cost expedited record suspension process for simple possession of cannabis, received Royal Assent. This Act, which came into force August 1, 2019, modifies the Criminal Records Act to waive record suspension application wait periods and application fees for those convicted only of simple possession of cannabis. The Act creates an administrative review process where the application is considered by a Parole Board of Canada (PBC) staff member as opposed to a discretionary review by PBC Board Members. The record suspension will be ordered so long as the individual can show that their only convictions are for simple possession of cannabis.

The Act also offers recourse for those with other convictions on their record by ensuring that simple possession of cannabis convictions will not impact their ability to obtain a record suspension. That is, simple possession of cannabis will not extend a pardon ineligibility period and will not be considered in reviewing good conduct or disrepute. Finally, the Act ensures that the inability to pay a fine associated with a conviction for simple possession of cannabis will not prevent someone from accessing a record suspension. There is no longer a requirement to pay these fines before applying.

To ensure identity, verify the convictions on record and determine that the applicant has completed their sentence, applicants may still be required to provide fingerprints and records from local police and local courts, which would have potential costs of about $200.00.

Since the coming into force of this Act, the Parole Board of Canada has received approximately 200 applications for a record suspension for the simple possession of cannabis. Of those, 97 record suspensions have been ordered.

Record Suspension or Expungement

During the previous parliamentary session there was a debate about whether pardons or expungement was the proper way forward on this issue. After careful consideration it was determined that expungement was not the appropriate recourse for individuals with convictions for simple possession of cannabis. Expungement is intended for use in extraordinary circumstances where the criminalization of an activity was historically unjust, such as where a law violated the Canadian Charter of Rights and Freedoms. This is the not the case for convictions for simple possession of cannabis, which reflect a shift in Canadian Values.

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