DAOD 7016-1, Canadian Forces Administration in Respect of a Pardon

1. Introduction

Date of Issue: 1998-08-31

Date of Last Modification: 2008-08-15

Application: This DAOD is an order that applies to members of the Canadian Armed Forces (CAF).

Supersession: CFAO 19-33, Pardons - Criminal Records Act

Approval Authority: Judge Advocate General (JAG).

Enquiries: Director Law Military Personnel (D Law/Mil Pers) or the nearest JAG representative

2. Overview

Pardon Eligibility

2.1 Under sections 4 and 4.1 of the Criminal Records Act, the following are the conditions of eligibility required before an application for a pardon may be considered by the National Parole Board ("the Board"):

Offence Minimum Time Required After Expiration of Sentence Conditions Since Expiration of Sentence
  • An offence prosecuted by indictment; or
  • a service offence for which the offender was punished by:
    • a fine of more than $2000;
    • imprisonment or detention for more than six months;
    • dismissal from Her Majesty's service; or
    • any other punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act.

five years

The applicant has:

  • been of good conduct; and
  • not been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament.
  • An offence punishable on summary conviction; or
  • a service offence other than a service offence described above requiring a minimum time of five years after expiration of sentence.

three years

  • The applicant has not been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament.

Action by CAF Member

2.2 A CAF member seeking a pardon may obtain information on making an application from the CAF member's unit orderly room or the Board. The CAF member submits an application directly to the Board.

3. Action by CAF Authorities

Action by Commanding Officer (CO)

3.1 A CO shall provide information that may be requested by the Board as to the conduct of a CAF member who applies for a pardon.

3.2 A CO who is provided with a copy of a pardon by a CAF member shall:

  1. take action in accordance with DAOD 7006-1, Preparation and Maintenance of Conduct Sheets (see the Removal of An Entry map), if the pardon is granted for an offence recorded in the CAF member's conduct sheet;
  2. send a copy of the new conduct sheet to the Chief of Staff/Chief of Military Personnel (CMP) if a new conduct sheet is prepared for remaining entries; and
  3. return the copy of the pardon to the CAF member.

Action by the CMP

3.3 When informed by the Board that a pardon has been granted, the CMP shall notify the Vice Chief of the Defence Staff (VCDS).

Amendment and Handling of Records

3.4 The VCDS, CMP and CO shall ensure that:

  1. the Record of Disciplinary Proceedings, charge sheet, charge report and certificate of conviction, for an offence for which a pardon has been granted, are removed from the CAF member's service records, the Unit Registry of Disciplinary Proceedings and any other unit files;
  2. any mention of or reference to the conviction, in respect of which a pardon has been granted, that is contained in any report, assessment, correspondence or other record, is removed and that only expunged copies are retained; and
  3. any record related to the granting of the pardon is treated in the same fashion as set out above in order that it does not remain in any file or document.

3.5 All electronic documents removed shall be electronically sealed using the Personnel Electronic Records Management Information System. All paper documents removed shall be stored separate and apart from other disciplinary and personnel documents.

Mention of Facts of an Event or Administrative Action

3.6 The mention of facts or other details pertaining to an event that led to a conviction, or any administrative action subsequently taken, are not removed from service records when a pardon is granted.

3.7 For example, if a CAF member has been pardoned for an impaired driving conviction, the following facts remain on the CAF member's service records:

  1. that the CAF member may have had an alcohol-related problem and attended an alcohol treatment program;
  2. that the CAF member was put on counselling and probation for the misuse of alcohol; and
  3. that the CAF member's work performance was not satisfactory because of the alcohol problem.

3.8 The mention of any information pertaining to the conviction or sentence is removed. For example, the following facts are removed:

  1. that the CAF member was found guilty of impaired driving; and
  2. that the CAF member was sentenced to a fine of $1000.00 and a one-year driving prohibition.

4. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other Reference

  • DAOD 7006-1, Preparation and Maintenance of Conduct Sheets
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