Question Period Note: Cannabis Record Suspensions

The low number of cannabis record suspensions ordered since the Act to provide no-cost, expedited record suspensions for simple possession of cannabis came into force.

• A criminal record creates barriers to reintegration, including access to employment, housing and education.

• Removing the stigma of a criminal record through a record suspension 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, introducing an expedited record suspension process for those convicted of simple possession of cannabis.

• For those who apply, the process is straightforward – there is no waiting period or application fee, and individuals can apply even if they have unpaid fines or victim surcharges.

• Estimating the number of individuals who may be eligible for an expedited cannabis record suspension is challenging. Some individuals may have other criminal convictions, apart from simple possession, which makes them ineligible for the expedited process.

• Other individuals may have already received a record suspension before Bill C-93 came into force, or have no specific need to apply at this time.

• It is important to note that 95% of record suspensions and pardons remain in force, indicating that the vast majority of recipients remain crime-free in the community.

Expungements vs. Pardons (If pressed)

• Expungement is an extraordinary measure reserved for exceptional cases, where the continued criminalization of the activity – such as in historic same-sex offences – violated the Canadian Charter of Rights and Freedoms.

• This is not the case for convictions for simple possession of cannabis; consequently, 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.

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 no-cost, expedited record suspensions for simple possession of cannabis, received Royal Assent. This Act, which came into force on August 1, 2019, modifies the Criminal Records Act to waive record suspension application wait periods and the application fee 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 a PBC Board Member. Under this process, 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, and there is no longer a requirement to pay these fines before applying.

To ensure an applicant’s identity, verify the convictions on record and determine that they have completed their sentence, applicants will still be required to provide fingerprints and records from local police and possibly local courts, which would have potential costs of approximately $200.00.

Statistics

There are no definitive statistics available on the number of Canadians with only simple possession of cannabis convictions. Therefore, it is not possible to estimate the number of individuals who may apply for an expedited cannabis record suspension.

As of November 1, 2021, the PBC has received 797 record suspension applications for simple possession of cannabis.

Of these:

• 505 applications were accepted as eligible and complete;
• 502 record suspensions were ordered and three (3) discontinued;
• 290 applications were returned due to ineligibility or incompleteness; and
• two (2) applications have not yet been accepted for processing.

Record Suspension versus Expungement

The Government has been criticized for not opting to expunge criminal records for simple possession of cannabis only, instead of using the record suspension program.

After careful consideration, it was determined that expungement was not the appropriate recourse for individuals with convictions for simple possession of cannabis only. Expungement is intended for use in extraordinary circumstances where the criminalization of an activity has been deemed historically unjust, such as where a law violated the Canadian Charter of Rights and Freedoms. This is not the case for convictions for simple possession of cannabis, which reflect a shift in Canadian values.

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