Canada
The Parole Board of Canada (PBC) is the federal agency responsible for making pardon decisions under the Criminal Records Act (CRA). Under the CRA, the PBC can issue, grant, deny, and revoke pardons.
In 2012, the Parliament of Canada passed the Safe Streets and Communities Act, which changed many elements of the criminal justice system. The Act replaced the term "pardon" with "record suspension", and the pardon system was similarly changed.
A pardon keeps the police record of a conviction separate and apart from other criminal records, and gives law-abiding citizens an opportunity to reintegrate into Canadian society.
The Royal Canadian Mounted Police removes all information about the conviction for which an individual received the pardon from the Canadian Police Information Centre (CPIC). Federal agencies cannot give out information about the conviction without approval from the minister of public safety.
A pardon 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-pardoned) criminal records.
A pardon removes disqualifications caused by a criminal conviction, such as the ability to contract with the federal government, or eligibility for Canadian citizenship.
If an individual in receipt of a pardon is convicted of a new offence, the information may lead to a reactivation of the criminal record for which the pardon was received in CPIC.
A pardon does not guarantee entry or visa privileges to another country. Before travelling to another country, individuals must still contact the authorities of the country in question to find out what the requirements are to enter that country.
Processing of pardons by the Parole Board of Canada generally takes six months for a summary offence and twelve months for an indictable offence. If the Parole Board proposes to deny the application, it can take 24 months to process.
Individuals can apply for a pardon if they were convicted as an adult of a criminal offense in Canada, or of an offense under a federal act or regulation of Canada, or if they were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act. Non-Canadian citizens are not eligible for a Canadian pardon unless they were convicted of a crime in Canada.
To be eligible for a pardon or record suspension, individuals must have completed all of their sentences and a waiting period.
Individuals are considered to have completed all of their sentences if they have:
Paid all fines, surcharges, costs, restitution and compensation orders
Served all sentences of imprisonment, conditional sentences, including parole or statutory release
Completed their probation order
Prior to 2012, following completion of all of their sentences, individuals must have completed a waiting period, as follows:
Three years for summary convictions under the Criminal Code or other federal act or regulation, except sexual crimes against children
Three years under the National Defence Act, if fined $2,000 or less, detained or imprisoned six months or less, or subjected to various lesser punishments for a service offence
Five years for indictable convictions under the Criminal Code or other federal act or regulation and summary convictions of sexual crimes against children
Five years for all convictions by a Canadian offender transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act
Five years under the National Defence Act, if you were fined more than $2,000, detained or imprisoned more than six months, or dismissed from service
Ten years for indictable convictions for sexual crimes against children and criminals receiving more than two years of imprisonment time for "serious personal injury offence" such as manslaughter or other designated offence under section 752 of the Criminal Code.
Effective 13 March 2012, the eligibility criteria and waiting periods changed:
Five years for summary convictions under the Criminal Code or other federal act or regulation, except sexual crimes against children
Five years under the National Defence Act, if fined $2,000 or less, detained or imprisoned six months or less, or subjected to various lesser punishments for a service offence
Ten years for indictable convictions under the Criminal Code or other federal act or regulation and summary convictions of sexual crimes against children
Ten years for all convictions by a Canadian offender transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act
Ten years under the National Defence Act, if fined more than $2,000, detained or imprisoned more than six months, or dismissed from service
"Not Eligible" for indictable convictions for sexual crimes against children (Schedule 1 Offence under CRA)
"Not Eligible" for criminals with more than three offences prosecuted by indictment, each with a prison sentence of two or more years.
Applicants for a record suspension must be able to show that they have completed their sentences in full and provide proof of payment.
Individuals can apply for a pardon by filling out the application forms available from the Parole Board and by paying a $50 pardon/record suspension application fee.
In Canada, clemency is granted by the governor general of Canada or the Governor in Council (the federal cabinet) under the royal prerogative of mercy. Applications are also made to the National Parole Board, as in pardons, but clemency may involve the commutation of a sentence, or the remission of all or part of the sentence, a respite from the sentence (for a medical condition or a relief from a prohibition, e.g., to allow someone to drive who has been prohibited from driving).
