Bill C-23A

59 ELIZABETH II

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CHAPTER 5

An Act to amend the Criminal Records Act

[Assented to 29th June, 2010]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Limiting Pardons for Serious Crimes Act.

CRIMINAL RECORDS ACT

2. Section 4 of the Criminal Records Act is replaced by the following:

4. A person is ineligible to apply for a pardon until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:

(a) 10 years, in the case of a serious personal injury offence within the meaning of section 752 of the Criminal Code, including manslaughter, for which the applicant was sentenced to imprisonment for a period of two years or more or an offence referred to in Schedule 1 that was prosecuted by indictment, or five years in the case of any other offence prosecuted by indictment, an offence referred to in Schedule 1 that is punishable on summary conviction or an offence that is a service offence within the meaning of the National Defence Act for which the offender was punished by a fine of more than two thousand dollars, detention for more than six months, dismissal from Her Majesty’s serv- ice, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of that Act; or

(b) three years, in the case of an offence, other than one referred to in paragraph (a), that is punishable on summary conviction or that is a service offence within the meaning of the National Defence Act.

3. Section 4.1 of the Act is replaced by the following:

4.1 (1) The Board may grant a pardon for an offence if the Board is satisfied that

(a) the applicant, during the applicable period referred to in section 4, has been of good conduct and has not been convicted of an offence under an Act of Parliament; and

(b) in the case of an offence referred to in paragraph 4(a), granting the pardon at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.

(2) In the case of an offence referred to in paragraph 4(a), the applicant has the onus of satisfying the Board that the pardon would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen.

(3) In determining whether granting the pardon would bring the administration of justice into disrepute, the Board may consider

(a) the nature, gravity and duration of the offence;

(b) the circumstances surrounding the commission of the offence;

(c) information relating to the applicant’s criminal history and, in the case of a service offence within the meaning of the National Defence Act, to any service offence history of the applicant that is relevant to the application; and

(d) any factor that is prescribed by regulation.

4. Subsections 4.2(1) and (2) of the Act are replaced by the following:

4.2 (1) On receipt of an application for a pardon, the Board

(a) shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and

(b) may, in the case of an offence referred to in paragraph 4(a), cause inquiries to be made with respect to any factors that it may consider in determining whether granting the pardon would bring the administration of justice into disrepute.

(2) If the Board proposes to refuse to grant a pardon, it shall notify in writing the applicant of its proposal and advise the applicant that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.

5. Paragraph 5(a) of the Act is replaced by the following:

(a) is evidence of the fact that

(i) the Board, after making inquiries, was satisfied that the applicant for the pardon was of good conduct, and

(ii) the conviction in respect of which the pardon is granted should no longer reflect adversely on the applicant’s character; and

6. (1) Subsection 6.3(2) of the Act is replaced by the following:

(2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member of a police force or other authorized body to determine whether there is a record of an individual’s conviction for an offence listed in Schedule 2 in respect of which a pardon has been granted.

(2) Subsection 6.3(9) of the Act is replaced by the following:

(9) The Governor in Council may, by order, amend Schedule 1 or 2 by adding or deleting a reference to an offence.

6.1 Subparagraph 7.2(a)(iii) of the English version of the Act is replaced by the following:

(iii) a service offence referred to in paragraph 4(a); or

7. Section 9.1 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(c.1) prescribing factors for the purposes of paragraph 4.1(3)(d); and

7.1 In the English version of the Act, the words “granted or issued” are replaced by the word “granted” in the following provisions:

(a) the definition “pardon” in subsection 2(1);

(b) subsections 6(1) and (2);

(c) section 6.4;

(d) section 7;

(e) subsection 7.1(1);

(f) the portion of section 7.2 before paragraph (a); and

(g) section 8.

7.2 In section 2.1 of the English version of the Act, the words “grant or issue” are replaced by the word “grant”.

7.3 In the French version of the Act, the words “octroyée ou délivrée” are replaced by the word “octroyée” in the following provisions:

(a) the definition “réhabilitation” in subsection 2(1);

(b) paragraph 7.2(b).

7.4 In section 6.4 of the French version of the Act, the words “octroyé ou délivré” are replaced by the word “octroyé”.

7.5 In section 2.1 of the French version of the Act, the expression “d’octroi, de délivrance” is replaced by the expression “d’octroi”.

8. The schedule to the Act is renumbered as Schedule 2.

9. The Act is amended by adding, before Schedule 2, the Schedule 1 set out in the schedule to this Act.

TRANSITIONAL PROVISIONS

10. Subject to section 11, an application for a pardon under the Criminal Records Act in respect of an offence that is referred to in paragraph 4(a) of that Act, as it read immediately before the day on which this Act comes into force, and that is committed before that day shall be dealt with and disposed of in accordance with the Criminal Records Act, as amended by this Act.

11. An application for a pardon under the Criminal Records Act that is made before the day on which this Act comes into force shall be dealt with and disposed of in accordance with the Criminal Records Act, as it read when the Board received the application, if the application

(a) is made after the period referred to in paragraph 4(a) of that Act, as it read immediately before the day on which this Act comes into force, has elapsed; and

(b) is not finally disposed of on the day on which this Act comes into force.