Question Period Note: Record Suspension (Pardon) Reform

To provide an update on record suspension program reforms.

• The Government of Canada recognizes the importance that record suspensions play in the sustained rehabilitation and reintegration of individuals into society, and has taken action to make record suspensions more accessible.

• Budget 2021 provided $88.2 million over five years to improve the record suspension application process by reducing application fees, creating an online application portal, and supporting community organizations that help people navigate the application process.

• On January 1, 2022, the application fee reduction came into force, lowering the cost of applying for a record suspension to $50. The significantly lower fee improves access to record suspensions, especially for people with lower incomes.

• To further increase accessibility, the Government will soon be launching a call for proposals for the $22.2 million announced in Budget 2021 to enable community organization to create or expand record suspension application support services to Canadians.

• In addition, the Government is exploring the automated sequestering of some criminal records for those living crime-free, in consultation with provinces, territories and municipalities, as well as other key criminal justice stakeholders.

• Removing the stigma of a criminal record will facilitate reintegration, enhance public safety, and allow law-abiding individuals to more fully participate in our society.

The Government is making investments that take action to address systemic inequities in all phases of the criminal justice system, from diversion to sentencing and from rehabilitation to records, in recognition of the disproportionate impacts on specific groups, including Indigenous Peoples and Black Canadians. This includes better preparing individuals for successful reintegration and reducing barriers to applying for a record suspension.

The Criminal Records Act (CRA) underwent significant legislative changes between 2010 and 2012. These changes had the effect of limiting access to pardons, currently known as record suspensions, by lengthening waiting periods before individuals could apply, making some offences ineligible for pardons, and introducing new criteria as part of the application review. The term ‘pardon’ was also changed to ‘record suspension’. In addition, the application fee was increased from $50 to $150 in 2010, and then to $631 in 2012 to reflect full-cost recovery. After an increase in accordance with the Service Fees Act in March of 2021, the cost to apply for a record suspension reached an all-time high of $657.77, plus associated costs related to obtaining necessary documents.

In December 2018, the Standing Committee on Public Safety and National Security (SECU) released its thirtieth report on M-161, Record Suspension Program. This report listed seven recommendations and observations in support of record suspension reform. The Government tabled its response to SECU on April 10, 2019, reaffirming its commitment to help reduce barriers associated with having a criminal record and address issues of accessibility and terminology.

For individuals with a criminal record in Canada, the obstacles they face (long after completing their sentence) can impede their ability to fully reintegrate and contribute to their community. A pardon increases access to jobs, education, stable housing, and makes communities safer by helping to end the cycle of crime. However, fees and difficult-to-navigate processes pose unnecessary barriers to pardons, particularly among marginalized groups.

Legislative Reforms:
On June 10, 2021, Bill C-31: An Act to amend the Criminal Records Act and make consequential amendments to other Acts was introduced, but died on the order paper with the dissolution of Parliament. The Bill may be reintroduced. The Bill sought to amend the CRA to reduce wait periods to apply for a pardon from five years to three years for summary offences and from 10 years to five years for indictable offences. This is consistent with the eligibility scheme that existed prior to legislative changes in 2010 and 2012.

Currently, the wait period does not begin until payment of a fine or any other monetary penalty that was included in the sentence has been made. To further increase accessibility and ensure the pardon program is fair for all, the Bill proposed that while fines and other monetary penalties need to be paid prior to applying for a pardon, these can be paid at any time during the wait period.

In balancing accessibility with public safety, the proposed legislation maintained the current ineligibilities for sexual offences against a child and for life or indeterminate sentences while proposing a new ineligibility for terrorism offences where a sentence of 10 years or more has been imposed. The ineligibility for those convicted of more than three indictable offences for which a sentence of two years or more was imposed would have been eliminated.

In addition to other technical and administrative amendments, the legislation would have reduced the complexity of the program for applicants and streamlined the decision-making process by allowing Parole Board of Canada (PBC) staff to review all applications to ensure applicants are eligible, and to grant a pardon for summary offences. For indictable offences, once eligibility and completeness is confirmed by PBC staff, Board members would continue to review an applicant’s conduct and whether granting a pardon would bring the administration of justice into disrepute.

The legislation would have restored language in the CRA from record suspension back to pardon, recognizing the need to address and reduce the stigma of a criminal record so that individuals who have served their sentences and are living law-abiding lives, can successfully reintegrate into the community and access housing, employment, volunteer opportunities, and education.

Non-Legislative Reforms:
Budget 2021 proposed to provide $88.2 million over five years, beginning in 2021-22, with $13 million ongoing, to the PBC, the Royal Canadian Mounted Police (RCMP), and Public Safety Canada.

On December 21, 2021, it was announced that the Government would make record suspensions more affordable by significantly reducing the application fee. Since January 1, 2022, the cost of applying for a record suspension is $50, reduced from the previous cost of $657.77.

In addition, as announced on June 10, 2021, the Government also reiterated its intention to:
• Invest in program modernizations for the PBC, including developing a new online portal to make the application process simpler and quicker.
• Provide $18 million over 4 years for community based organizations to offer support services to help people complete pardon applications, and increase awareness of these support services, as well as of the PBC’s role as the federal agency responsible for the administration of the pardons program and information resources for applicants. This will help ensure people have access to the right information about the record suspension process and reduce reliance on third-party, for-profit companies that provide misleading information and charge high fees.
o A call for proposals will be launched in the coming weeks.
In an effort to further remove barriers to pardons, the Government is exploring the automated sequestering of some criminal records for less serious offences for those living crime-free, in consultation with provinces, territories and municipalities, as well as other key criminal justice stakeholders. In other countries, including Australia and the United Kingdom, similar systems set aside criminal records for less serious offences after specific periods of time for those living crime-free, removing the need to apply for a pardon. This review is looking into how such a system could be implemented in Canada.

None