The Government of Canada, in particular, the Governor in Council, may grant a free pardon or a conditional pardon to any person who has been convicted of an offence.
The Criminal Code of Canada provides that when a free pardon is granted to a person, that person shall be deemed thereafter never to have committed the offence in respect of which the pardon is granted.
Once a person is granted a pardon with respect to a conviction, the person's criminal record with respect to that conviction is kept separate and apart from other criminal records. In other words, all information regarding the offence with respect to which the pardon is granted is removed from the Canadian Police Information Centre (CPIC). Accordingly, if a criminal record search (sometimes referred to as a CPIC search) is completed, federal agencies cannot give out information about the conviction that has been pardoned. The only exception is if the release of the information is first approved by the Minister of Public Safety for Canada. This approval will only be granted in limited circumstances, such as, for example, if the information is relevant to the issue of sentencing.
A primary benefit of a pardon is that a pardon has the effect of removing any disqualifications that would otherwise result from a criminal conviction. A person with a criminal conviction, for example, cannot contract with the federal government and may not be eligible for Canadian citizenship. A pardon removes these obstacles.
Also, a pardon may be beneficial for the following reasons:
•· A pardon may allow you to secure employment that might otherwise be denied to you because of a criminal conviction.
•· A pardon may make it easier for you to travel outside of Canada to countries other than the United States which does not recognize a Canadian pardon for purpose of U.S. immigration law.
•· A pardon may assist you in immigration proceedings.
•· A pardon may reduce the risk of a criminal conviction impacting on family law issues such as child custody, visitation rights and adoption.
•· A pardon may make it easier for you to obtain a loan or other forms of credit.
•· A pardon may make it easier for you to rent an apartment.
•· A pardon may make it easier for you to pursue an education.
Once a pardon is granted, it can be revoked in certain circumstances, such as, for example, if the person to whom the pardon was granted is convicted of a new offence.
Applying for a Pardon
A person convicted of a criminal offence can apply for a pardon only after the following preconditions are met:
- All aspects of the sentence imposed by the court have been completed, including the serving of any jail time and the payment of any fines, victim fine surcharge or restitution.
- Any period of probation has expired.
- Any period of parole has expired.
- Any applicable waiting period has expired.
The applicable waiting periods are as follows:
•· 3 years for offences prosecuted by way of Summary Conviction
•· 5 years for sexual offences prosecuted by way of Summary Conviction
•· 5 years for offences prosecuted by Indictment
•· 10 years for sexual offences prosecuted by Indictment
•· 10 years for violent offences prosecuted by Indictment
