Persons who are inadmissible on grounds of criminality and serious criminality may be eligible for rehabilitation after a certain number of years depending on the type of offence committed. However, one of the eligibility criteria for rehabilitation is that a person must be able to provide proof that a record suspension (formerly a pardon) was obtained where an offence was committed inside Canada. Where a person can show that they have only committed one summary conviction offence, they must be able to provide evidence to Immigration Refugees and Citizenship Canada (IRCC) that an application for a record suspension has been submitted.

 

A record suspension essentially allows a person’s criminal record to be removed from the Canada Police Information Centre’s (CPIC) database. This essentially means that a search of CPIC’s database will not show that the individual has a criminal record or a record suspension. However, persons who have been convicted of a sexual offence will have their record suspension flagged; a search will show they have been convicted of a sexual offence but that a record suspension was granted. 

 

Where a person received an absolute discharge for the offence on or after July 24, 1992, the Royal Mounted Canadian Police (RCMP) will automatically remove same from their database after 1 year; the record  is removed after 3 years where the discharge was conditional. The option to apply for a record suspension is available to individuals who have been convicted of an offence under a federal act or regulation as an adult, or who were convicted of an offence in another country and were transferred to Canada while serving a sentence under the Transfer of  Offender Act or the International  Transfer of  Offender Act. Further, the person must have completed all sentences, which includes: all fines, surcharges, costs, restitution and compensation orders; all sentences of imprisonment, conditional sentences, including parole and statutory release; any probation order(s). Once the sentence is completed, the following wait times apply before becoming eligible:

 

If the most recent offence was committed before 29 June 2010:

• 5 years – an offence prosecuted by indictment.

• 3 years – an offence punishable on summary conviction.

 

If the most recent offence was committed between 29 June 2010 and 12 March 2012:

• 10 years — serious personal injury offence including manslaughter; an offence for which the applicant was sentenced to a prison term of 2 years or more, and an offence referred to in Schedule 1 that was prosecuted by indictment.

• 5 years — any other offence prosecuted by indictment and an offence referred to in Schedule 1 that is punishable on summary conviction.

• 3 years — an offence other than the ones mentioned above, that is punishable on summary conviction.

 

If the most recent offence was on or after 13 March 2012:

• 10 years — an offence prosecuted by indictment.

• 5 years — an offence that is punishable on summary conviction.

 

A person who has committed an offence under Schedule 1 (sexual offence involving a child) of the CRA, or committed four or more offences prosecuted by indictment, each with a prison sentence of two (2) years or more, may not be eligible for a record suspension. With respect to the former, s.3 of the CRA notes that a person may be eligible where it is satisfied that: the person was not in a position of trust or authority towards the victim of the offence and the victim was not in a relationship of dependency with him or her; the person did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim; and the person was less than five years older than the victim.

 

A record suspension may be revoked or cease to have effect where a person has been found to no longer be of good conduct, convicted of a new indictable offence (or summary in some cases), found to have concealed information, made false or deceptive statements when the application was submitted, or was found to be ineligible for a suspension at the time it was granted.

 

Simple Cannabis Possession Offence

Through a streamlined cannabis record suspension process, persons convicted in Canada as an adult of simple possession of cannabis may apply for a record suspension. Simple possession is a charge for possession of a controlled substance, in this case cannabis, for personal use. A person can apply even if they have unpaid fines or victim surcharge, but they must complete the other part of the sentence before applying.