Record Suspension Program 2016-2017 Report to Parliament

Introduction

Pursuant to section 11 of the Criminal Records Act, within three months after the end of each fiscal year, the Parole Board of Canada must submit a report on the Record Suspension Program to the Minister of Public Safety and Emergency Preparedness. The report must contain the following information:

1. Number of applications for record suspensions made in respect of offences referred to in    each of paragraphs 4(1) (a) and (b);
   
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. Number of record suspensions ordered, categorized by the offence to which they relate; and
   
4. The number of record suspensions ordered by the province of residence of the applicant.

Background

The Parole Board of Canada (PBC), as part of the criminal justice system, makes independent, quality conditional release and record suspension decisions, and clemency recommendations. The PBC is headed by a Chairperson who reports to Parliament through the Minister of Public Safety and Emergency Preparedness Canada. The Board contributes to the protection of society by facilitating, as appropriate, the timely re-integration of offenders into society as law-abiding citizens.

The record suspension program supports the successful reintegration of an individual into society, as it can assist an individual to access employment and educational opportunities, among other things. It is a formal attempt to remove the stigma of a criminal record for people found guilty of a federal offence and who have completed their sentence and demonstrated law-abiding behaviour for a prescribed number of years. A record suspension is evidence that the conviction should no longer reflect negatively on a person's character. In support of this statement, the Criminal Records Act (CRA) restricts access to records under federal jurisdiction and removes any disqualifications that would result from a conviction under federal statute or regulation.

Although the CRA applies only to records kept by federal organizations, many provincial 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, however, erase the fact that an individual was convicted of a crime. The criminal record is not erased, but it is kept separate and apart from other (non-suspended) criminal records. A record suspension removes disqualifications caused by a criminal conviction, 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.

Through this 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.

A record suspension can be revoked or cease to have effect. The process for revocation is initiated when the Board is notified (usually by the RCMP) that an individual who was previously awarded a record suspension has been convicted of, charged with, or is suspected of a new offence (is no longer of good conduct).The Board may also commence a revocation if it discovers that an applicant knowingly concealed some material in relation to their application.

The CRA also authorizes the Board to declare that a record suspension ceases to have effect if a person is subsequently convicted of:

• an indictable offence under a federal act or regulation of Canada;
• an offence punishable either on indictable or summary conviction; and
• if the PBC is convinced by new information that the person was not eligible for a record suspension at the time it was ordered.

Since February 2012, applicants for a record suspension must pay a user fee of $631. The user fee includes service standards established under the User Fees Act. Specifically, record suspension applications involving summary convictions are processed within six months of the date of receipt of the application, while applications involving indictable offences are processed within 12 months of the date of receipt. Applications in which the Board is proposing to refuse to order a record suspension may require up to 24 months after application acceptance to complete. The reason for this is that under the CRA, the Board must notify the applicant in writing of its proposal to refuse, and advise them that they are entitled to make or have made on their behalf any representations to the Board that they believe relevant.

Findings for 2016-17

Number of applications

In 2016-2017, the Board received 11,563 record suspension applications and accepted 8,191 applications (71%) for processing. There were 3,372 record suspension applications (29%) that were not accepted at screening due to ineligibility, no payment or wrong processing fee and/or missing appropriate documentation. In the previous year, the Board received 12,384 record suspension applications and accepted 8,917 applications (or 72%).

The table below indicates the number of record suspension applications received in each fiscal year over the last five years. (See chart below)

The number of record suspension applications received over the last five years has decreased each year. This decrease in applications may be attributed to key amendments made to the CRA in 2012, which included:

• making individuals convicted of a sexual offence against a minor and individuals convicted of more than three indictable offences (each with a sentence of two years or more) ineligible for a record suspension; and,
• increasing the waiting period to apply for a record suspension from 3 to 5 years for all summary conviction offences, and from 5 to 10 years for all indictable offences.

Processing timeframes

In 2016/17, the average processing time of an accepted record suspension application was 153 days for summary files and 259 days for indictable files where the final decision was to order a record suspension, and 273 days for those where the final decision was to refuse to order a record suspension. This is well below the 6-month service standard for summary files and the 12-month service standard for indictable files.

Service standards were fully met for 99.95% per cent of these files.

Record Suspension Decisions

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

As per section 4.1 (a) of the Criminal Records Act (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 section 4.1(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 him/her with a measurable benefit, sustain his/her 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 him/her with a measurable benefit and sustain his/her rehabilitation into society as a law abiding citizen.

The number of applications for a record suspension accepted in respect of offences referred to in paragraphs 4(1) (a) and (b) in 2016-17.

*Summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. The maximum penalty for a summary conviction offence is a sentence of 6 months of imprisonment, a fine of $5,000 or both. **An indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer.

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) (2016-17)

3. Number of record suspensions ordered, categorized by the offence to which they relate

4. The number of record suspensions ordered by the province of residence of the applicant

Other information required by the Minister

During this review period there were no requests for information required by the Minister pursuant to CRA sec 11(1) (d).