Record Suspension Decisions and Clemency Recommendations

Official Title: Performance Monitoring Report 2019-2020, Record Suspension Decisions and Clemency Recommendations
From: Parole Board of Canada

Tables 165-176

The Record Suspension and Clemency program involves the review of record suspension applications, the ordering of record suspensions and the making of clemency recommendations.

Record Suspension Program

A record suspension, formerly a pardon, allows people who were convicted of a criminal offence, but have completed their sentences and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal records kept separate and apart from other criminal records.

The Criminal Records Act (CRA), originally created in 1970, grants the Parole Board of Canada exclusive jurisdiction to order, refuse to order, or revoke record suspensions for convictions under federal acts or regulations of Canada.

Since 2010, the pardon program has undergone significant changes.

On June 29, 2010, Bill C-23A amended the CRA by extending the ineligibility periods for certain applications for pardon: it changed the waiting periods from 3 to 5 years for offences punishable on summary conviction that are part of Schedule I; and from 5 to 10 years for serious personal injury offences for which the sentence of imprisonment was two years or more and for offences referred to in Schedule I that were prosecuted by indictment. Additionally, the bill resulted in significant changes to program operations. The process was modified to include additional inquiries and new, more exhaustive investigations by staff for some applications that required additional review time by Board members. New concepts of merit and disrepute to the administration of justice form part of the statute. As a result of these new changes, application processing time increased.

On March 13, 2012, Bill C-10 amended the CRA, replacing the term “pardon” with the term “record suspension” and increasing the waiting periods for a record suspension to five years for all summary convictions and to ten years for all indictable offences. Individuals convicted of sexual offences against minors (with certain exceptions) and those who have been convicted of more than three indictable offences, each with a sentence of two or more years, became ineligible for a record suspension.

Upon the implementation of Bill C-10, the Record Suspension program continued processing pardon applications received before March 13, 2012, as well as processing record suspension applications received on and after that date. In 2016-17, all remaining pardon applications were processed.

In 2017-18, some of the C-10 and C-23A amendments to the CRA were reversed for certain cases. Following the British Columbia Supreme Court decision on April 18, 2017 (Chu v Canada) and the Ontario Superior Court decision on June 14, 2017 (Charron/Rajab v Canada), the application of the CRA amendments for applicants who had committed an offence prior to the implementation of these amendments (such as increased waiting periods and tightened ineligibility criteria) were struck down as contrary to sections 11(h) and (i) of the Charter. As a result, the Board resumed processing pardon cases for residents of Ontario and British Columbia based on the criteria that were in force on the day on which the offence was committed.

  • In 2019-20, the Board received 7,019 record suspension applications and accepted 5,222 applications for processing. The Board also received 5,422 pardon applications and accepted 4,360 pardon applications for processing. The acceptance rate was 77%.
Figure 40. Pardon and Record Suspension Applications
Text equivalent of Figure 40. Pardon and Record Suspension Applications
  Pardon applications received Record suspension applications received Applications accepted
2010/11 31,969   16,710
2011/12 28,814 1,035 19,298
2012/13   19,526 11,527
2013/14   14,253 9,624
2014/15   12,415 9,071
2015/16   12,384 8,875
2016/17   11,563 8,153
2017/18 5,202 9,460 10,868
2018/19 6,463 7,364 10,531
2019/20 5,422  7,019 9,582

As record suspensions are not fully comparable with pardons (the eligibility criteria for a record suspension are different than for a pardon), direct comparisons between the year-end reports would be inaccurate. The number of record suspension applications received between 2012-13 and 2019-20 was much lower than the number of pardon applications received in the preceding years, in part due to the decrease in the number of citizens eligible to apply for record suspensions and in part due to the increase in the processing fee.

  • In 2019-20, the Board rendered 4,919 pardon decisions; 96% of pardons were granted/issued.
  • In 2019-20, the Board made 5,496 record suspension decisions; 96% of record suspensions were ordered.
  • In 2019-20, the average processing time of a pardon application accepted for processing was 8 months where the final decision was to grant/issue a pardon, and 18 months for those cases where the final decision was to deny a pardon.
  • In 2019-20, the average processing time of a record suspension application accepted for processing was 165 days for summary offences, 345 days for indictable offences where the final decision was to order a record suspension, and 480 days for those cases where the final decision was to refuse to order a record suspension.

In 2019-20, the number of pardons and record suspensions revoked and those that had ceased to exist increased from the previous year to 849 (+45%). It included 342 pardons and 67 record suspensions revoked by the PBC (48%); 387 pardons and 51 record suspensions that ceased to exist on RCMP authority (52%); and two pardons that ceased to exist on PBC authority.

  • Over the last 10 years, the cumulative pardon/record suspension revocation/cessation rate has remained relatively low, averaging 4.75%. Since the reintroduction of pardon operations in 2016-17, the increase in the rate has been smaller. In 2019-20, the rate increased 0.06 of a percentage point reaching 5.15%.
Figure 41. Pardon/Record Suspension Revocation/Cessation Rate
Text equivalent of Figure 41. Pardon/Record Suspension Revocation/Cessation Rate
  Pardons granted/issued and record suspensions ordered to date (cumulative) Pardons and record suspensions revoked/ceased to exist to date (cumulative)
2010/11 453,330 17,339
2011/12 456,600 19,371
2012/13 463,234 21,063
2013/14 480,010 22,321
2014/15 494,057 23,337
2015/16 504,112 24,638
2016/17 516,192 25,908
2017/18 525,186 26,683
2018/19 535,615 27,269
2019/20 545,613 28,119

Clemency Program

The clemency provisions of the Letters Patent and those contained in the Criminal Code are used in exceptional circumstances, where no other remedy exists in law to reduce negative effects of criminal sanctions, where remedies are not lawfully available in a particular case, or where recourse to them would result in greater hardship. It is intended for rare cases in which consideration of justice, humanity and compassion override the normal administration of justice.

Clemency (or Royal Prerogative of Mercy) is requested for various reasons with employment being by far the most frequently used. Some of the other reasons include: perceived inequity, medical condition, immigration to Canada, compassion, financial hardship, etc.

The PBC is responsible for assessing requests under the Royal Prerogative of Mercy and making recommendations to the Minister of Public Safety on the merits of each case. The Minister advises the Governor General of Canada (for requests under the Letters Patent) and the Governor in Council (for requests under the Criminal Code) whether to grant or deny clemency.

  • In 2019-20, the Board received 57 clemency requests, nine more when compared to the previous year.
  • In the last five years (between 2015-16 and 2019-20), six clemency requests have been granted, one has been denied and 173 requests have been discontinued. The 173 discontinued requests included applications that were discontinued because the applicant became eligible for a pardon under the Criminal Records Act following court decisions, which reversed the changes made to the CRA in 2010 in British Columbia and in 2012 in Ontario. The majority of the remaining requests were discontinued because the Minister determined that the clemency request did not warrant investigation as the criteria had not been met. The next most common reason for discontinuance was because the applicant did not provide sufficient information or proof of excessive hardship.
  • As of March 31, 2020, there were 150 active clemency cases.
Table 165. Pardon Applications Received – Acceptance Rate
Applications 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-121 2017-182 2018-192 2019-202
Received 27,948 26,520 30,416 35,784 32,104 31,969 28,814 5,202 6,463 5,422
Accepted 19,043 20,008 22,936 27,398 24,584 16,710 18,936 4,366 5,184 4,360
% accepted 68 75 75 77 77 52 66 84 80 80

1 Refers to pardon applications received on or before March 12, 2012 (C-10).

2 Refers to pardon applications processed for residents of Ontario and British Columbia following the reversal of the amendments to the CRA by Supreme Court decisions in those provinces.

Note: The number of pardon applications accepted in 2017-18 and 2018-19 is lower than in previous reports as applications that were discontinued were excluded.

Table 166. Record Suspension Applications Received – Acceptance Rate
Applications 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20
Received 19,526 14,253 12,415 12,384 11,566 9,460 7,364 7,019
Accepted 11,527 9,624 9,071 8,875 8,153 6,5021 5,347 5,222
% accepted 59 68 73 72 71 69 73 74

1 Includes 632 record suspension applications that were discontinued and reclassified as pardon applications for residents of Ontario and British Columbia following the reversal of the amendments to the CRA by Supreme Court decisions in those provinces.

Note: The number of record suspension applications accepted in 2017-18 and 2018-19 is lower than in previous reports as applications that were discontinued were excluded.

Table 167. Pardons Granted/Issued and Denied
Decision 2014-151 2015-161 2016-171 2017-182 2018-192 2019-202
# % # % # % # % # % # %
Granted 5,625 89 1,628 82 3,740 97 1,957 94 4,403 99 4,709 96
Denied 681 11 348 18 125 3 133 6 42 1 210 4
Total 6,306 - 1,976 - 3,865 - 2,090 - 4,445 - 4,919 -

1 Refers to pardon applications received on or before March 12, 2012 (C-10).

2 Refers to pardon applications processed for residents of Ontario and British Columbia following the reversal of the amendments to the CRA by Supreme Court decisions in those provinces.

Table 168. Record Suspensions Ordered and Refused
Decision 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20
# % # % # % # % # % # %
Ordered 8,422 92 8,427 94 8,340 95 7,037 98 6,028 96 5,287 96
Refused 726 8 523 6 438 5 142 2 225 4 209 4
Total 9,148 - 8,950 - 8,778 - 7,179 - 6,253 - 5,496 -
Table 169. Average Processing Times for Pardon Applications
Decision/Processing Time 2015-16 2016-17 2017-18 2018-19 2019-20
Cases processed 1,976 3,865 2,090 4,445 4,919
Pardons granted/issued 1,628 3,740 1,957 4,403 4,709
Average processing time (months) 50 57 3 6 8
Pardons denied 348 125 133 42 210
Average processing time (months) 46 61 67 16 18

Note: The cases processed do not include revocations processed by the PBC.

Table 170. Average Processing Times for Record Suspension Applications
Decision/Processing Time 2015-16 2016-17 2017-18 2018-19 2019-20
Cases processed 8,950 8,778 7,179 6,253 5,496
Record suspensions ordered 8,427 8,340 7,037 6,028 5,287
Average processing time-indictable offence (days) 317 348 338 376 345
Average processing time-summary offence (days) 155 168 163 171 165
Record suspensions refused 523 438 142 225 209
Average processing time (days) 388 419 455 505 480

Note: The cases processed do not include revocations/cessations processed by the PBC.

Table 171. Pardons and Record Suspensions Revoked/Ceased to Exist
Decision 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20
Revoked by PBC 71 1,129 987 669 438 667 501 85 59 409
Ceased to exist (RCMP authority) 1,043 883 698 579 574 628 768 674 525 438
Ceased to exist (PBC authority) 12 20 7 10 4 6 1 16 2 2
Total 1,126 2,032 1,692 1,258 1,016 1,301 1,270 775 586 849
Table 172. Pardon/Record Suspension Revocation/Cessation Rate
Year Cumulative # of Pardons Granted/Issued and Record Suspensions Ordered
to Date
Pardons and Record Suspensions
Revoked/Ceased during the Year
Cumulative # of
Pardons and Record Suspensions
Revoked/Ceased
Cumulative Revocation/ Cessation Rate
(%)
2010-11 453,330 1,126 17,339 3.82
2011-12 456,600 2,032 19,371 4.24
2012-13 463,234 1,692 21,063 4.55
2013-14 480,010 1,258 22,321 4.65
2014-15 494,057 1,016 23,337 4.72
2015-16 504,112 1,301 24,638 4.89
2016-17 516,192 1,270 25,908 5.02
2017-18 525,186 775 26,683 5.08
2018-19 535,615 586 27,269 5.09
2019-20 545,613 849 28,118 5.15

Note: The cumulative revocation/cessation rate is calculated by dividing the cumulative number of pardons revoked/ceased by the cumulative number of pardons granted/issued and record suspensions ordered to date.

Table 173. Royal Prerogative of Mercy Requests
Year of Action Received Discontinued Decisions Rendered
2010-11 38 19 8
2011-12 29 24 12
2012-13 44 7 7
2013-14 46 12 4
2014-15 37 13 14
2015-16 46 13 35
2016-17 37 16 3
2017-18 36 54 -
2018-19 48 24 8
2019-20 57 19 7

Note 1: Excludes clemency granted to Habitual Offenders (2), as a result of the Self Defence Review (5) and Ordinary pardons granted to Wheat Farmers (10).

Note 2: Excludes requests for relief from driving prohibitions under the CCRA.

Note 3: Decisions made by the Minister of Public Safety and Emergency Preparedness not to investigate a remedy are considered to be a decision rendered rather than a discontinuation for the purposes of this table.

Note 4: Reasons for discontinuation include the applicant becoming eligible to apply for a pardon or record suspension under the CRA, withdrawals of the application, new offending and the death of the applicant.

Table 174. Royal Prerogative of Mercy Requests Received by Requested Remedy
Year Received Conditional Pardon Remission of Sentence Relief from Prohibition* Remission of Fine, Forfeiture, Estreated Bail and Pecuniary Penalties Free Pardon
2010-11 27 1 2 7 1
2011-12 25 1 - 3 -
2012-13 38 - 4 2 -
2013-14 38 - 5 3 -
2014-15 32 - 4 - 1
2015-16 28 2 10 3 3
2016-17 29 1 5 2 -
2017-18 28 - 6 2 -
2018-19 30 1 9 8 -
2019-20 34 2 14 3 4

* Excludes requests for relief from driving prohibitions under the CCRA.

Table 175. Royal Prerogative of Mercy Decisions – Pardon
Year Decision Rendered Conditional Pardon Prior to Eligibility under the CCRA Conditional Pardon Prior to Eligibility under the CRA Free Pardon (recognition of erroneous conviction)
Granted Denied Granted Denied Granted Denied
2010-11 - - 2 - - -
2011-12 - - 2 2 - -
2012-13 - - - - - -
2013-14 - - - 1 - -
2014-15 - - - 1 - -
2015-16 - - - - - -
2016-17 - - - 1 - -
2017-18 - - - - - -
2018-19 - - 1 - - -
2019-20 - - - - - -
Table 176. Royal Prerogative of Mercy Decisions - Remissions and Relief from Prohibition
Year Decision Rendered Remission of Sentence Remission of Fine, Forfeiture, Estreated Bail and Pecuniary Penalties Relief from Prohibition*
Granted Denied Granted Denied Granted Denied
2010-11 - - - - - -
2011-12 - - - - - -
2012-13 - - - - - -
2013-14 - - - - - -
2014-15 - - - - - -
2015-16 - - - - - -
2016-17 - - - - 1 -
2017-18 1 - - - - -
2018-19 - - 1 - - -
2019-20 - - 2 - - -

* Excludes requests for relief from driving prohibitions under the CCRA.

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