Record Suspension Program 2022-2023 Report to Parliament

About this publication

Publication author: Parole Board of Canada
ISSN 2564-0828

Introduction

Pursuant to section 11 of the Criminal Records Act (CRA), the Parole Board of Canada (PBC) must submit a report on the record suspension program to the Minister of Public Safety within three months after the end of each fiscal year. The report must contain the following information:

1. the number of applications for record suspensions made in respect of offences referred to in each of paragraphs 4(1)(a)^{Footnote 1}  and (b)^{Footnote 2} ;
2. the number of record suspensions that the Board ordered or refused to order in respect of offences referred to in paragraphs 4(1)(a) and (b);
3. the number of record suspensions ordered, categorized by the offence to which they relate; and,
4. the number of record suspensions ordered by the province or territory of residence of the applicant.

Due to a Federal Court decision in March 2020^{Footnote 3} , the PBC no longer retrospectively applies legislative amendments made to the CRA in 2010 and 2012. In applying this court decision, the PBC processes pardons^{Footnote 4}  and record suspensions. This report also contains information related to the above with respect to pardons processed by the PBC during fiscal year 2022-2023. More information on the court decision can be found on page 3 of this report.

Background

The PBC (or the Board), as part of the criminal justice system, contributes to the protection of society by facilitating, as appropriate, the timely reintegration of offenders and the sustained rehabilitation of individuals into society as law-abiding citizens. The Board makes independent, quality conditional release, record suspension and expungement decisions, as well as clemency recommendations, in a transparent and accountable manner, while respecting diversity and the rights of offenders and victims. The PBC is headed by a Chairperson who reports to Parliament through the Minister of Public Safety. 

The record suspension program supports the successful reintegration of an individual into society, as it can assist them in accessing employment, educational and volunteer opportunities. It is a formal attempt to remove the stigma of a criminal record for people found guilty of an offence under an Act of Parliament and who have completed their sentence and demonstrated law-abiding behaviour for a prescribed number of years.

A record suspension restricts access to records under federal jurisdiction, removes disqualifications that would result from a conviction under federal statute or regulation, such as the ability to contract with the federal government, or eligibility for Canadian citizenship. It does not, however, guarantee either entry or visa privileges to another country nor does it have effect on a prohibition order under section 109 of the Criminal Code of Canada. Although the CRA applies only to records kept by federal organizations, many provincial, territorial and municipal criminal justice agencies also restrict access to their records once they are informed that a record suspension has been ordered.

A record suspension does not erase the fact that an individual was convicted of a crime. The criminal record is not deleted/purged, but it is kept separate and apart from other (non-suspended) criminal records. Through the program, the PBC reviews record suspension applications for completeness and eligibility, and collects information for investigation and decision-making. The Board has exclusive jurisdiction and absolute discretion to order, refuse to order, or revoke a record suspension under the CRA.

The process for revocation is started when the Board is notified, usually by the Royal Canadian Mounted Police, that the person is subsequently convicted of an offence referred to in paragraph 4(1)(b) of the CRA, other than an offence referred to in subparagraph 7.2(a)(ii) of the CRA.

A record suspension / pardon can also be revoked on evidence establishing, to the satisfaction of the Board, that:

• the person is no longer of good conduct; or,
• the person knowingly made a false or deceptive statement in relation to the application for the record suspension / pardon, or knowingly concealed material in relation to that application.

The CRA authorizes that a record suspension / pardon ceases to have effect if a person is subsequently convicted of an indictable offence under a federal act or regulation of Canada or certain other types of offences^{Footnote 5}  that are punishable either on indictable or summary conviction. A record suspension / pardon can also be ceased if the Board is convinced by new information that the person was not eligible for a record suspension / pardon at the time it was awarded.

On December 21, 2021, the Minister of Public Safety announced that effective January 1, 2022, the record suspension application fee would be reduced to $50. It is not subject to Consumer Price Index (CPI) adjustments. By lowering the application fee, access to record suspensions increased for a greater number of individuals, facilitating access to employment, housing, education and other necessities that support sustained reintegration. The reduction in fee helps alleviate pre-existing barriers for those disproportionately affected by the criminal justice system.

Application fees paid prior to January 1, 2022 include service standards established under the Service Fees Act. Specifically, applications involving summary convictions were to be processed within six months of the date of acceptance of the application, while applications involving indictable offences were to be processed within 12 months of the date of acceptance.

Applications for which the Board is proposing to refuse to order/deny a record suspension / pardon may require up to 24 months to process after the date of application acceptance. The reason for this is that under the CRA, the Board must notify the applicant in writing of its proposal to refuse/deny, and advise them that they are entitled to make, or have made on their behalf, any representations to the Board that they believe relevant. In some cases, the Board may authorize a hearing. At the end of fiscal year 2022-2023, most applications with a proposal to refuse/deny were still subject to the Board’s Remission Policy^{Footnote 6} . Although there are no legislated service standards attached to the $50 application fee, the PBC continues to process applications in a timely manner and endeavours to adhere to the established processing times noted above.

As part of the record suspension program, the CRA provides for a no-cost record suspension for those with only simple possession of cannabis convictions. Individuals previously convicted of only simple possession of cannabis who have completed their sentence (excluding payment of fines and victim surcharges) can apply to the PBC for a record suspension with no application fee or waiting period. PBC staff members administratively order record suspensions for applicants with only simple possession of cannabis convictions.

On March 19, 2020, the Federal Court^{Footnote 7}  declared the transitional provisions of amendments to section 4 of the CRA, namely, section 10 of the Limiting Pardons for Serious Crimes Act and section 161 of the Safe Streets and Communities Act, unconstitutional. The Court concluded that these provisions infringed on subsections 11(h) and 11(i) of the Canadian Charter of Rights and Freedoms (the Charter) because they add to the punishment imposed at sentencing, and deprived applicants of the benefit of the lesser punishment available at the time the offence was committed.

Because of this decision, the PBC no longer retrospectively applies legislative amendments made to the CRA in 2010 and 2012 (as it relates to eligibility periods and criteria) for all record suspension applicants who committed their first offence prior to the coming into force of these changes. This means that applications are being processed using the CRA eligibility criteria in place at the time of an applicant’s first offence.

Findings for 2022-2023

Number of applications

In 2022-2023, the Board received 16,121 record suspension applications and accepted 11,617 (72%) as eligible and complete. There were 3,267^{Footnote 8}  applications (20%) that were rejected at screening due to ineligibility, missing payment, wrong processing fee and/or missing documentation. At the end of the fiscal year, there were 1,237 applications (8%) that had been received, but not yet processed. In the previous fiscal year, 2021-2022, the Board received 10,978 record suspension applications and accepted 7,269 of them (66%) by year-end.

Following the Federal Court decision in March 2020 that resulted in record suspension applications being processed using the CRA eligibility criteria in place at the time of an applicant’s first offence, there continue to be fewer applications processed as record suspensions under the current CRA. The majority of applications received in 2022-2023 were processed as pardons under previous versions of the CRA (as it relates to eligibility periods and criteria).

The chart below indicates the number of record suspension applications received in each fiscal year over the last five years: 2018-2019 to 2022-2023.

The PBC observed a significant increase in applications during this reporting period which can be directly attributed to the reduction in application fee in January 2022. This was the highest number of received applications since fiscal year 2012-2013.

Record Suspension Decisions

1. Number of applications for record suspensions made in 2022-2023 in respect of offences referred to in paragraphs 4(1)(a) and (b)

As per paragraph 4.1(1)(a) of the CRA, the Board may order that an applicant’s record in respect of an offence be suspended if the Board is satisfied that, during the applicable period, the applicant has been of good conduct and has not been convicted of an offence under an Act of Parliament. Pursuant to paragraph 4.1(1)(b), the Board may order that an applicant’s record in respect of an offence be suspended if the Board is satisfied that, during the applicable period, the applicant has been of good conduct and it would provide them with a measurable benefit, sustain their rehabilitation into society as a law-abiding citizen and would not bring the administration of justice into disrepute. The applicant must clearly describe how receiving a record suspension would provide them with a measurable benefit and sustain their rehabilitation into society as a law-abiding citizen.

Data Source: PBC-PARSS^{Footnote 9} , Data Extraction Date: 2023-04-03
Note: Excluded are files that were accepted and subsequently discontinued.

*An indictable conviction offence is an offence that can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer. **Summary conviction offences are considered less serious than indictable offences because they are punishable by lesser penalties. The maximum penalty for a summary conviction offence is a sentence of six months of imprisonment, a fine of $5,000 or both.

2. Number of record suspensions that the Board ordered or refused to order in 2022-2023 in respect of offences referred to in paragraphs 4(1)(a) and (b)

Data Source: PBC-PARSS, Data Extraction Date: 2023-04-03
Note: Includes applications received in previous fiscal years, as well as some received in 2022-2023.

*** Excluded are record suspensions ordered for only simple possession of cannabis convictions.

3. Number of applications for pardons made in 2022-2023 in respect of offences referred to in paragraphs 4(1)(a) and (b)

In 2022-2023, a significant proportion of applications were processed as pardons under the relevant scheme of the CRA.

Legislative scheme: C-47

As per subsection 4.1(1) of the CRA ^{Footnote 10} , the Board may grant a pardon for an offence prosecuted by indictment or a service offence referred to in subparagraph 4(a)(ii) if the Board is satisfied that the applicant, during the period of five years referred to in paragraph 4(a), has been of good conduct, and has not been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament.

As per subsection 4.1(2) of the CRA ^{Footnote 11} , a pardon for an offence punishable on summary conviction or a service offence referred to in subparagraph 4(b)(ii) shall be issued^{Footnote 12}  if the applicant has not been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament during the period of three years referred to in paragraph 4(b).

Legislative scheme: C-23A

As per subsection 4.1(1) of the CRA^{Footnote 13} , the Board may grant a pardon for an offence if the Board is satisfied that the applicant, during the applicable period referred to in section 4, has been of good conduct and has not been convicted of an offence under an Act of Parliament, and if granting the pardon at that time would provide a measurable benefit to the applicant, would sustain their rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.

As per subsection 4.1(1) of the CRA^{Footnote 14} , the Board may grant a pardon for an offence punishable on summary conviction or a service offence within the meaning of the National Defence Act if the Board is satisfied that the applicant, during the applicable period referred to in section 4, has been of good conduct and has not been convicted of an offence under an Act of Parliament.

Data Source: PBC-PARSS, Data Extraction Date: 2023-04-03
Note: Excluded are files that were accepted and subsequently discontinued.

4. Number of pardons^{Footnote 15}  that the Board issued, granted or denied in 2022-2023 in respect of offences referred to in paragraphs 4(1)(a) and (b)

Data Source: PBC-PARSS, Data Extraction Date: 2023-04-03
Note: Includes applications received in previous fiscal years, as well as some received in 2022-2023.

5. Number of applications for record suspensions made, accepted and ordered in 2022-2023 containing only simple possession of cannabis conviction(s)

Data Source: PBC-PARSS, Data Extraction Date: 2023-04-03
Note: Figures for applications received include applications that were received, but not yet processed by the end of the fiscal year.

6. Number of record suspensions ordered, pardons issued and granted in 2022-2023 categorized by the offence to which they relate

The numbers represent the offences for which a record suspension was ordered, or a pardon was issued or granted, and not the total number of record suspensions ordered, pardons issued and granted. One record suspension / pardon may have multiple offences. These statistics only indicate how many files for each specific offence were ordered/issued/granted.

* Excluded are record suspensions ordered for only simple possession of cannabis convictions.

7. Number of record suspensions in 2022-2023 ordered by province/territory of residence of the applicant

Data Source: PBC-PARSS, Data Extraction Date: 2023-04-03
Note: Includes applications received in previous fiscal years, as well as some received in 2022-2023.

8. Number of pardons issued in 2022-2023 by province/territory of residence of the applicant

Data Source: PBC-PARSS, Data Extraction Date: 2023-04-03

Note: Includes applications received in previous fiscal years, as well as some received in 2022-2023.

9. Number of pardons granted in 2022-2023 by province/territory of residence of the applicant

Data Source: PBC-PARSS, Data Extraction Date: 2023-04-03
Note: Includes applications received in previous fiscal years, as well as some received in 2022-2023.

Other Information Required by the Minister

Pursuant to paragraph 11(1)(d) of the CRA,the Board shall, within three months after the end of each fiscal year, submit to the Minister a report on the number of applications for record suspensions made, ordered or refused to order, and the number of record suspensions ordered, categorized by the offence to which they relate and the province or territory of residence. The Minister may request additional information during that same covering period. There were no additional requests for information by the Minister during this review period.