Record Suspensions: How they will differ from Pardons

Bill C-23 Eliminating Pardons for Serious Crimes Act (also known as the Record Suspension Act) proposes to make some serious changes to the current Pardon legislation.

Current Pardon Legislation

• All crimes without exception are pardonable as long as the person has completed their punishment and has stayed out of trouble for the prescribed time frame.
  
• Summary offences require a waiting period of three years from the end of the punishment.
  
• Indictable offences require a waiting period of five years from the end of the punishment.
• Once a pardon has been granted, the person’s criminal record is not available for public record unless under rare circumstances from the insistence of the Public Safety Minister.

Proposed Record Suspension Legislation

• The term Record Suspension will replace the term Pardon in an effort to highlight the fact that the person is forgiven but not forgotten. It is also intended to maintain the dignity of the victim rather than reward the person convicted.
  
• Sex crimes and certain violent crimes may not be eligible for a Record Suspension or obtaining a Record Suspension for those crimes may become considerably more difficult.
  
• Summary offences require a five year waiting period to obtain a Record Suspension.
  
• Indictable offences require a ten year waiting period to obtain a Record Suspension.
  
• The Parole Board of Canada will consider additional factors when deciding whether to approve a Record Suspension.