Bill C-10: the government's tough stance against criminal record holders.

PositionCriminal Law - Safe Streets and Communities Act

Bill C-10

On September 20, 2011, then Justice Minister Rob Nicholson tabled Bill C-10, an omnibus crime bill titled the Safe Streets and Communities Act. The Bill proposed to make fundamental changes to many components of Canada's criminal justice system, including the pardon process. In March of 2012, Bill C-10 was passed into law. Outlined below are the major changes made to Canada's pardon system:

* Replacing the name "Pardon" with "Record Suspension";

* Increasing the ineligibility period to apply for a record suspension for a minor or summary conviction from 3 to 5 years;

* Increasing the ineligibility period to apply for a record suspension for an indictable offence from 5 to 10 years;

* Quadrupling the cost of getting a federal pardon from $150 to $631;

* Rendering persons convicted of child sex offences permanently ineligible for a record suspension;

* Rendering persons with three or more convictions for indictable offences permanently ineligible for a record suspension.

About Record Suspensions

Statistics show that roughly 13 per cent of Canadians have a criminal record--usually minor offences which can create barriers for mobility, employment, and travel. There is a certain stigma associated with a criminal record, but what we do not often realize is that many criminal record holders have been convicted only of a misdemeanor offence. For example, Justice Canada estimates that about 600,000 Canadians have records for marijuana possession ("Statistics." In depth Marijuana. CBC News Online, 26 May 2003), a fairly minor offence, but one that can create problems for employment or travel.

A criminal record will not be removed automatically. A person with a criminal record must make an application under the Criminal Records Act of Canada for their record suspension. The Act is meant to help people with past offences who are now rehabilitated. A record suspension is an acknowledgement from the federal government that a person with a criminal conviction(s) has demonstrated good conduct so that the conviction(s) should no longer reflect adversely on the person's character. The Parole Board of Canada (PBC) is the government body that has complete control over granting, refusing, or revoking a record suspension. Once granted, a record suspension allows individuals who have completed their sentence to have their criminal record kept separate from other criminal records contained in the Canadian Police Information Centre (CPIC). As a result...

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