The Omnibus Crime Bill C-10 passed on March 13, 2012 (Royal Assent) by the Parliament of Canada (Conservative Government0, resulting in PBC (Parole Board Canada) updates to their website on March 14 2012 advising the deadline to submit under the old Canada Pardon rules was March 12, 2012 (meaning mail had to be post-marked that day).
All Canadian Pardon applications post-marked on or after March 13 2012 are subject to the new rules Bill C10 Canada Rules. The new rules, generally described (there may be exceptions), are:
Here is an article for your review (I have highlighted the relevant pardon information in yellow).
The federal Conservatives have made anti-crime measures a cornerstone of their political and legislative agenda since they were first elected in 2006. Although they have passed other anti-crime legislation, now that they have a majority government and can more easily get legislation passed, they have wrapped up nine anti-crime bills that didn’t get passed in previous sessions into this single 100-plus-page omnibus legislation. The bill covers laws on drug possession, young offenders, pardons, conditional sentences, minimum and maximum sentences, human smuggling, sexual exploitation, support for victims of terrorism, and transferring Canadian offenders back to Canada.
These may all sound like good things, but there are a lot of details in a bill of this size. The government has limited debate on the bill by using time allocation to push the bill through more quickly. Although they allowed quite a few witnesses to appear, briefly, before the committee examining the bill, they accepted just one single minor amendment at committee stage in the House. The standard response to any criticism or suggestions on the serious topics in this massive piece of legislation is the glib refrain that the critic is “soft on crime” or “advocating for criminals.
In the 2011 Canadian federal election, the Conservatives promised to pass this legislation in the first 100 sitting days of the 41st Parliament, which gives them until March 16, 2012.
The main measures included in the Omnibus Crime Bill are:
Canada Online Guide
In addition to longer waiting periods, some people no longer qualify to apply for record suspension (formerly called Canada Pardon). Here is an excerpt from the Criminal Record Act which defines waiting periods as well as the types of offences which disqualify a person from applying for a record suspension:
Restrictions on application for record suspension
4.(1) A person is ineligible to apply for a record suspension 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 an offence that is prosecuted by indictment or is a service offence for which the offender was punished by a fine of more than five thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, 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 the National Defence Act; or
(b) five years, in the case of an offence that is punishable on summary conviction or is a service offence other than a service offence referred to in paragraph (a).
(2) Subject to subsection (3), a person is ineligible to apply for a record suspension if he or she has been convicted of
(a) an offence referred to in Schedule 1; or
(b) more than three offences each of which either was prosecuted by indictment or is a service offence that is subject to a maximum punishment of imprisonment for life, and for each of which the person was sentenced to imprisonment for two years or more.
(3) A person who has been convicted of an offence referred to in Schedule 1 may apply for a record suspension if the Board is satisfied that
(a) 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;
(b) the person did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim; and
(c) the person was less than five years older than the victim.
Onus — exception
(4) The person has the onus of satisfying the Board that the conditions referred to in subsection (3) are met.
Please feel free to post your comments on how the Crime Bill C-10 Passed by Parliament has impacted your Application for Canadian Pardons.