Introduction
The Criminal Records Act allows the National Parole Board (NPB) to issue, grant, deny or revoke pardons for convictions under federal acts or regulations of Canada. The Act also has provisions that affect people who have been given conditional or absolute discharges.
Once a pardon is awarded, any federal agency or department that has records of conviction must keep the records of those convictions separate. They may not disclose the information in the record without the permission from the Solicitor General of Canada. The Criminal Records Act applies only to records kept within federal departments and agencies. However, many of the provincial and municipal law enforcement agencies cooperate by restricting their records once notified that a pardon has been awarded.
The Canadian Human Rights Act prohibits discrimination based on a pardoned conviction. This includes services you may need or the eligibility to work for a federal agency. The Criminal Records Act states that no employment application form within the federal public service may ask any question that would reveal a pardoned conviction. This is also true for a Crown corporation of the government of Canada, the Canadian Forces or any business within federal authority.
You should be aware that a pardon may not be recognized by foreign governments. A pardon will not guarantee entry or visa privileges to another country.
A pardon does not erase the fact that you were convicted of an offence. You may wish to tell anyone who inquires that you have a pardon for an offence that took place some time ago.
If you are prohibited under the Criminal Code of Canada from driving a vehicle or possessing a firearm for a specified period of time, a pardon will not return those privileges to you.
A pardon automatically ceases to have effect if you are later convicted of an indictable offence.
Further, the Board may revoke your pardon if:
- you are later convicted of a summary offence;
- you are longer of good conduct; or
- the Board learns that you made a false or deceptive statement, or concealed relevant information at the time of the application.
If proposing to revoke your pardon, the Board will write to you. You may then make representations for the Board to consider.
If your pardon ceases to have effect because of a new conviction for an indictable offence, or the Board revokes your pardon, the records of the pardoned offences will again be kept with the other conviction records.
After you complete your sentence and the waiting period, you may apply for a pardon under the Criminal Records Act if:
- you were convicted of an offence under a federal act or regulation of Canada. You do not have to be a Canadian citizen or a resident of Canada;
- you were convicted under the National Defence Act;
- you were a Canadian citizen who was convicted in another country and you were transferred to Canada under the Transfer of Offenders Act.
If charges against you were stayed or withdrawn, they cannot be considered for a pardon because they did not result in a conviction. The Criminal Records Act only applies to convictions. If your charges did not result in a conviction but are on the Royal Canadian Mounted Police (RCMP) computers, you may contact the police force that arrested you and ask them to request that the RCMP return the fingerprints and information taken at the time of arrest to them for destruction. Local police forces may choose to deny this request.
You have not been convicted if you were given an absolute or conditional discharge. However, the national police information system may include such court decisions. The RCMP will automatically remove from their computer information about absolute discharges given on or after July 24, 1992, one year after the court decision and will remove information about conditional discharges three years after the court decision.
Information about absolute or conditional discharges given before July 24, 1992, will not be removed automatically. After the one or three year waiting period, you may write to the Purge Unit, Director, Identification Services, RCMP, Box 8885, Ottawa, Ontario, K1G 3M8. Your request must include your complete name, the name used when sentenced, if different, your date of birth and the date of discharge, if known.
Your eligibility or waiting period is calculated from the date you completed your sentence. For example, if you were fined, the waiting period begins on the date you paid all of the fine and any court-imposed surcharge. If you were sentenced to a term of imprisonment or probation, the waiting period is calculated from the date you completed the entire sentence - including any part of the sentence you may have served in the community.
An order under the Criminal Code of Canada that prohibits you from driving a vehicle or possessing a firearm for a specified period of time is not part of your sentence for the purpose of a pardon. Since your eligibility or waiting period is calculated from the date you completed your sentence, you do not have to consider this order when applying for a pardon. However, the pardon will not eliminate the prohibition.
Summary conviction: 3 years
Indictable conviction: 5 years
The law identifies two ways that the courts will handle offences: summary or indictable. For example, anyone guilty of causing a disturbance will be convicted of a summary offence. Anyone convicted of a robbery will be convicted of an indictable offence. For some offences, the law does not state whether it will be a summary or indictable offence. In these cases, the law allows the Crown attorney to choose to deal with them as either. For example, anyone guilty of shoplifting may be convicted of either a summary or an indictable offence. If you were convicted of an offence for which the Crown attorney had the choice to ask for either a summary or indictable conviction, the National Parole Board must have written proof from the court in which the case was heard if your conviction was summary.
Conviction under the National Defence Act:
Fine of more than $2000: 5 years; imprisonment for more than 6 months: 5 years; dismissal from the service: 5 years; and all other punishments: 3 years.
Canadian citizens returned to Canada under the Transfer of Offenders Act: 5 years.
Summary offences
If you had a summary conviction or a conviction under the National Defence Act with a 3-year waiting period, the Board will issue a pardon after it has confirmed that you have completed your waiting period and determined through the RCMP that you have been free of conviction since your sentence was completed.
Indictable offences
If you were convicted of an indictable offence or an offence with a 5-year waiting period, the Board will confirm that you have completed your waiting period, verify through the RCMP that you have had no further conviction, and will investigate your behaviour since your sentence was completed. The RCMP conducts the investigation for the Board with the greatest possible discretion. In some cases, you will be interviewed and there may be an investigation in your neighbourhood.
The Board studies the RCMP investigation report and decides whether to grant or deny a pardon. If proposing to refuse a pardon, the Board will write to you or your representative. You may then make representations for the Board to consider.
How to apply
Applying for a pardon will take some time and effort from you. You will need a pardon application booklet from the National Parole Board at 1-800-874-2652. The address for a pardon application booklet is:
Clemency and Pardons Division
National Parole Board
340 Laurier Avenue West
Ottawa, Ontario K1A 0R1
The booklet will tell you the documents you will need such as your criminal record, and sometimes police or court information. You do not need a lawyer or other representative.
The fee is $50. You must send a money order, certified cheque or bank draft made payable to the Received General of Canada with your pardon application. Do not send cash or a personal cheque. This fee is not refundable.
The following is a verbatim transcript from the National Parole
Board of Canada's 1993 brochure entitled "Facts About Pardon Under the
Criminal Records Act". Duhaime Law wishes to thank the Department of
the Solicitor General of Canada for permission to reproduce this
information.
The web address of the National Parole Board is http://www.npb-cnlc.gc.ca/.
The web site also hosts a Fact Sheet on Pardons which will likely contain current information on pardons in Canada.