The Criminal Records Act allows the National Parole Board (NPB) to issue, grant, deny or revoke pardons for convictions under federal acts of regulations of Canada. The act also affects people who have been given conditional or absolute discharges.

For a brief overview of the NPB's views on pardons, see the National Parole Board of Canada's brochure entitled "Facts About Pardons Under the Criminal Records Act"

Identification of Criminals Act

Who can apply for a pardon?
Anyone who has been convicted of an offence under a federal act or regulation of Canada can apply for a pardon. This applies even if you are not a Canadian citizen or resident. If you are a Canadian citizen and have been convicted in another country but returned to Canada under the Transfer of Offenders Act, you may also apply.

What are the chances of getting a pardon?
"The rate of success in obtaining pardons by applicants is quite high, well over 90%, but this does not reflect any lack of diligence in considering pardon applications. Rather, it indicates that the vast majority of applicants qualify for a pardon, whereas those who would obviously not qualify are deterred from applying when they see the thoroughness of the application information they must provide, including fingerprints. " (Mr. Jacques Saada (Parliamentary Secretary to Solicitor General of Canada, Lib. HOUSE OF COMMONS debates Friday, May 14, 1999)

Do you need to apply for a pardon if you got a conditional or absolute discharge?
No. Discharges do not result in criminal records. However discharges will show on your police and RCMP record even though they are not convictions. If your absolute discharge occurred after July 1992, the RCMP is supposed to automatically remove that information from their computer one year after the court decision. If it was a conditional discharge, the information will be removed three years after the court decision. You should verify that this has been done by contacting the RCMP. Chances are it was not.

Local police forces permanently retain files on all the people they have investigated or arrested or charged. This includes people given absolute or conditional discharges. They have no obligation to expunge these records. Some services claim that you can request your local police department restrict access and to restrict information about your record after the federal pardon has been awarded. If the police agree to do this, although they have no obligation to do so, a potential employer should be unable to learn about your criminal record through the local police database. However, there is simply no guarantee and should not be relied on. Any bureaucracy can slip up and make mistakes, no matter how well intentioned. Although fingerprints and mug shots are supposed to be destroyed if you are acquitted, it is doubtful that they are.

Do you need to apply or a pardon if charges against you were dismissed, stayed or withdrawn?
You need not apply for a pardon if charges against you were dismissed, stayed or withdrawn, or did not result in a conviction. If charges did not result in a conviction but your record is on the RCMP system, you may contact the police force that arrested you and ask them to request that the RCMP return your fingerprints and all information taken at the time of arrest for destruction. The police forces may choose to deny this request.

If you maintain that you were wrongly convicted and request a pardon, this may be considered an admission of guilt.

Will foreign governments recognize a pardon?
Not necessarily. A pardon is no guarantee of entry or obtaining visas for any other country. The USA is particularly ruthless about preventing the entry of any one with a criminal conviction.

US Customs have become extremely tough and generally will refuse admission to the US, even for day visits, to anyone with a conviction for any offense, no matter how slight. They have been given access to Canadian police computer records. Very few people attempting to cross the US border can slip by without their record showing up. It is not recommended that anyone attempt to do so, as this could result in seizure of your car, property, huge fines and permanent banning from ever entering the US.

Anyone with a record, pardoned or not, should apply for a US waiver which grants some limited permission to enter the US. More on waivers further on.

Does a pardon "erase" a conviction?
No. The Canadian Human Rights Act says that you can't be discriminated against because of a pardoned conviction. (However, forbidding discrimination and preventing it are two entirely different issues.) This prohibition includes services you may need or the eligibility to work for a federal employer. Crown corporations, the federal public service, federal agencies and the Canadian Forces cannot use application forms that asks any question which would reveal a pardoned conviction. Private employers and volunteer agencies can and do ask questions designed to reveal any criminal record. For example, one device some employers use is putting a question on an application which asks if you have any criminal convictions. They then say you do not have to answer the question, but of course if you fail to answer, they draw the obvious inference.

Anyone who is attempting to conceal a criminal record is also an obvious target for blackmail.

Can a pardon be revoked?
Pardons can be revoked, which raises the question of whether a pardon is a pardon or not. A pardon will automatically be revoked if you are convicted of an indictable offence. The National Parole Board may revoke the pardon if you are later convicted of a summary offence or are considered to be "no longer of good conduct." It can also be revoked if you made a misleading or false statement when you applied.

Advantages of a pardon
Once you obtain a pardon, any federal agency or department that has record of your convictions must keep those records separate. Note that they do not have to and do not destroy your records, they merely move them to separate location. These agencies may not disclose any pardoned information without permission from the Solicitor General of Canada.

Vehicle or firearms restrictions:
If you are prohibited under the Criminal Code of Canada from driving a vehicle or possessing a firearm for a specified time period, a pardon will not reduce or remove these prohibitions or restore your privileges.

CANADIAN CRIMINAL RECORDS INFORMATION SERVICES (CCRIS)

The RCMP is the starting point in all criminal pardon applications. You need to obtain a copy of your record from them for submission to the National Parole Board. The RCMP is responsible for the

CANADIAN CRIMINAL RECORDS INFORMATION SERVICES (CCRIS)

which manages the Central Repository of criminal records information. According to them, "A criminal record file consists of criminal charges and their dispositions, including convictions and discharges as well as fingerprint information."

You can make an Freedom of Information request to see police records on you in Canada and request that they be destroyed, especially if you were acquitted, charges were dropped or if you've been pardoned. Without such a request the police will not destroy these records. Nor are they obliged to even if requested.

You can contact the RCMP's Purge Division to request that the record be expunged. You many want to check with them to confirm that it has indeed be removed.

Alternately, you could go to your local police department. and ask for them to run a CPIC (can. police info. computer database) check on the person to see if the conviction is still showing in the system...

Additional Resources:
A resource you can also contact is your local branch of the John Howard Society of Canada This agency has traditionally assisted clients with their pardon applications. Their services range from requests for information concerning applications and requests for pardon kits, to actual in-office assistance with the complexities of the pardon application itself.

Women can contact the Elizabeth Fry Society and ask them for advice. The Elizabeth Fry Society does not appear to have a balanced, rational approach to justice, so be careful in dealing with them.

Royal Prerogative of Mercy This is an umbrella term referring to the Queen's power to grant clemency to convicted offenders. It is a very old power used in rare cases where there is compelling evidence of injustice or hardship for which there is no other remedy.

Related Information:

National Screening System to Prevent Child Sex Abuse The National Screening System was established in 1994 and allows bona fide organizations who are screening prospective or current volunteers or employees in positions involved with children, to obtain from local police the full criminal history record of that individual (many offences can be of concern to such organizations, not just sex offences).

The Alliance of Incarcerated Canadians in American Prisons is an organization for the international transfer of offender treaty and deportation rights for Canadians and other foreigners incarcerated in American prisons. Who knows, maybe Canadians are better off in our prisons.

"what a wicked animal this is
when he is attacked, he defends himself."