Gavin Howe
In Canada, a pardon is a government decision that relieves an individual of the legal consequences of a criminal conviction. Pardons are granted by the Parole Board of Canada (PBC) under the Criminal Records Act (CRA). The PBC can issue, grant, deny, and revoke pardons. A pardon does not erase a criminal record but separates it from other criminal records, allowing law-abiding citizens to reintegrate into society. It removes disqualifications caused by a conviction, such as contracting with the federal government or eligibility for Canadian citizenship. The pardon system helps individuals access employment and educational opportunities, and prevent deportation.
| Characteristics | Values |
|---|---|
| Definition | A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. |
| Who grants it? | The Parole Board of Canada (PBC) is the federal agency responsible for making pardon decisions under the Criminal Records Act (CRA). |
| Who is eligible? | People convicted of a criminal offence under the federal act and who have completed their sentence and demonstrated that they are law-abiding citizens. |
| What does it do? | It keeps the police record of a conviction separate and apart from other criminal records. It does not erase the criminal record. |
| What does it enable? | It enables law-abiding citizens to reintegrate into Canadian society and access employment and educational opportunities. |
| What does it not guarantee? | It does not guarantee entry or visa privileges to another country. |
| What is the application fee? | $50 pardon/record suspension application fee. |
| How long does it take? | Processing of pardons by the Parole Board of Canada generally takes six months for a summary offence and twelve months for an indictable offence. |
| What is the waiting period? | The waiting period after the expiration of any sentence, including imprisonment, probation, and the payment of any fines, ranges from 3 to 10 years, depending on the type of offence. |
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What You'll Learn
What is a record suspension?
A record suspension is a way for people convicted of a criminal offence to have their criminal record kept separate and apart from other criminal records. This means that their criminal record is removed from the Canadian Police Information Centre (CPIC) database. As a result, a CPIC search will not show that the individual has a criminal record or a record suspension. This can help them access employment and educational opportunities and reintegrate into society.
The Parole Board of Canada decides whether someone is eligible for a pardon or a record suspension. The Criminal Records Act (CRA) applies only to records kept by federal organizations, but most provincial and municipal criminal justice agencies also restrict access to their records once they are informed that a record suspension has been ordered.
To apply for a record suspension, you must contact the Parole Board of Canada directly. You do not need to use a lawyer or third-party service provider. The application process involves several steps, including filling out various forms, such as the Local Police Records Check Form, the Measurable Benefit/Sustained Rehabilitation Form, the Court Information Form, and the Record Suspension Application Form. It is important to ensure that all sections of these forms are completed, as incomplete applications may be returned.
In addition to the forms, applicants must provide supporting documentation, including fingerprints and court records. The application fee is $50.00. It is worth noting that each local police records check is only valid for 12 months from the date it is issued. Applicants must also describe how receiving a record suspension would benefit them and support their rehabilitation into society as a law-abiding citizen.
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How to apply for a pardon
A pardon in Canadian law is a government decision that relieves a person of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for a crime, depending on the laws of the jurisdiction. It is a tool to overcome miscarriages of justice, allowing a grant of freedom to someone who is believed to have "paid their debt to society".
Now, here is a step-by-step guide on how to apply for a pardon in Canada:
Firstly, you need to get your RCMP certificate. This involves going to a private fingerprinting service, where they will take your photograph, fingerprints, and submit them to the RCMP. You must inform the fingerprinting service that this is for a criminal record suspension application.
After receiving your RCMP certificate, make a couple of photocopies. Keep one for your records and hold on to the original copy for your final application. Along with a copy of your RCMP certificate, submit the "PBC-001-1e" form to the court where you were convicted. Leave the "for court use" part blank, and the court will fill it out. You can also apply for a local police record check at this stage.
Once you have obtained your RCMP certificate, local police record, and court record, you are ready to submit your application for a pardon to the
- A clear copy of government ID showing name, date of birth, and signature.
- The form "PBC-003-1e" completed and signed.
- The form "PBC-0007e" completed and signed.
- Highlight that you have no further arrests/convictions, are economically self-sufficient, and include positive information such as marriage, community involvement, personal achievements, etc.
- Pay the $50 fee by certified cheque, money order, bank draft, or credit card.
Please note that the processing time for a pardon can vary depending on the nature of the conviction and other factors. It typically takes about 6 to 12 months, but some people have reported receiving their pardon in as little as 4 months.
Additionally, if you are a US citizen seeking to enter Canada with a DUI or other criminal conviction, you may need to apply for a Canadian Record Suspension (formerly called a Canadian Pardon) or Criminal Rehabilitation, depending on where the conviction took place.
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Who can grant a pardon?
In Canada, the Parole Board decides whether an individual is eligible for a pardon. The Criminal Records Act (CRA) applies only to records kept by federal organisations, but most provincial and municipal criminal justice agencies also restrict access to their records once they are informed that a record suspension has been ordered.
The Parole Board of Canada assesses the merits of clemency applications against specific criteria. A free pardon is an absolute, unconditional pardon. A person who is granted a free pardon is deemed to have never committed the offence. Any consequence resulting from the conviction, such as fines, prohibitions or forfeitures will be cancelled upon the grant of a free pardon. In addition, any record of the conviction will be erased from the police and court records, and from any other official data banks. A free pardon may be a formal recognition that a person was erroneously convicted of an offence. It may also be granted in exceptional cases where considerations of justice, humanity and compassion warrant the granting of a pardon that is absolute and free of conditions.
A pardon may be considered only when there is evidence of good conduct, within the meaning of the CRA, and consistent with the policies of the Parole Board of Canada in these matters. Finally, there must be substantial evidence of undue hardship, out of proportion to the nature of the offence and more severe than for other individuals in similar situations.
A remission of sentence amounts to the erasing of all, or part of, a sentence imposed by the court. Consistent with the principle that the independence of the judiciary must be respected, a remission of sentence may be considered only where there exists evidence of: an error in law; a substantial inequity, such as a change in legislation which had unintended and unanticipated consequences for a person convicted and sentenced; or undue hardship which would be out of proportion to the nature and seriousness of the offence and more severe than for other individuals in similar situations.
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What is a free pardon?
A pardon in Canadian law is referred to as a record suspension. A pardon or record suspension allows people who were convicted of a criminal offence but have completed their sentence and demonstrated they are law-abiding citizens to enjoy a life free from their past mistakes. A record suspension removes a person's criminal record from the Canadian Police Information Centre (CPIC) database. This means that a search of CPIC will not show that the individual has a criminal record or a record suspension. This helps them access employment and educational opportunities and to reintegrate into society.
A free pardon is an absolute, unconditional pardon. A person who is granted a free pardon is deemed to have never committed the offence. Any consequence resulting from the conviction, such as fines, prohibitions or forfeitures will be cancelled upon the grant of a free pardon. In addition, any record of the conviction will be erased from the police and court records, and from any other official data banks. A free pardon may be a formal recognition that a person was erroneously convicted of an offence. It may also be granted in exceptional cases where considerations of justice, humanity and compassion warrant the granting of a pardon that is absolute and free of conditions.
As a general convention, applicants for a free pardon will have exhausted all other appeal and review mechanisms under the Criminal Code of Canada (CCC) or other pertinent legislation, although this is not a legal requirement and a remedy under the RPM may be the only appropriate means of alleviating ongoing hardship. There must be substantial evidence of undue hardship, out of proportion to the nature of the offence and more severe than for other individuals in similar situations. A remission of sentence amounts to the erasing of all, or part, of a sentence imposed by the court.
All remedies described above are subject to cancellation if the application was granted on the basis of information that is subsequently found to have been fraudulent. All remedies, with the exception of free pardons, may be cancelled if any condition under which they are granted is subsequently breached.
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Cancelling a pardon
A pardon in Canadian law is a government decision that relieves an individual of some or all of the legal consequences of a criminal conviction. Pardons can be granted before or after conviction and are granted when an individual is believed to have "paid their debt to society". In Canada, a pardon is also known as a record suspension.
A pardon does not erase a criminal record but keeps it separate from other criminal records. The Royal Canadian Mounted Police removes all conviction information from the Canadian Police Information Centre (CPIC) database. This means that a CPIC search will not reveal that the individual has a criminal record or a record suspension. Federal agencies cannot give out information about the conviction without the approval of the minister of public safety.
The Parole Board of Canada (PBC) is the federal agency that makes pardon decisions under the Criminal Records Act (CRA). The PBC can issue, grant, deny, and revoke pardons.
A pardon may be revoked by the Parole Board of Canada (PBC). If an individual who has received a pardon is convicted of a new offence, their pardoned criminal record may be reactivated. A pardon does not guarantee entry or visa privileges to another country, and individuals must still check the requirements of the country they wish to enter. A pardon can be cancelled if it is found that the individual is no longer law-abiding or productive. For example, if an individual with a pardon is convicted of a serious offence, they may be deported from Canada.
In the case of wrongful convictions, a pardon may be offered. However, in recent times, such cases are more often dealt with by appeal rather than pardon.
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