Pardonable and Non-Pardonable Crimes in Canada

Sep 12

3 min read

Understanding the distinction between pardonable and non-pardonable crimes is crucial for anyone navigating the criminal justice system in Canada. This knowledge not only helps individuals comprehend their legal standing but also guides them in making informed decisions about applying for a Pardon, now known as a Record Suspension. In this blog, we will explore the types of crimes that are pardonable, those that are non-pardonable, and the requirements for the pardon process.

Introduction to Pardons in Canada

In Canada, a Pardon (Record Suspension) is a formal process that allows individuals convicted of a criminal offense to have their criminal record set aside. This does not erase the conviction but rather separates it from other criminal records, ensuring it is not disclosed during background checks for employment, volunteering, or other purposes, except in specific circumstances. The Parole Board of Canada (PBC) is responsible for granting Pardons.

Pardonable Crimes

Summary Offenses

Summary offenses are considered less serious crimes and are generally pardonable. These include minor offenses such as:

Theft under $5,000: Stealing property valued at less than $5,000.
Public intoxication: Being drunk in a public place.
Minor assault: Involving minimal or no physical harm.
Vandalism: Minor property damage without significant harm or loss.

Individuals convicted of summary offenses can apply for a Pardon five years after the completion of their sentence, provided they meet all other eligibility criteria.

Indictable Offenses

Indictable offenses are more serious than summary offenses but can still be pardonable. These include crimes such as:

Theft over $5,000: Stealing property valued at more than $5,000.
Assault causing bodily harm: Causing significant but non-life-threatening injuries.
Fraud: Deceptive actions for financial gain.
Drug possession: Possession of controlled substances, depending on the amount and type.

Individuals convicted of indictable offenses can apply for a Pardon ten years after the completion of their sentence, provided they meet all other eligibility criteria.

Non-Pardonable Crimes

Certain offenses are considered non-pardonable under Canadian law. These are typically more severe crimes that involve significant harm to individuals or society. Non-pardonable crimes include:

Sexual Offenses Involving Minors

Sexual exploitation: Engaging in sexual activities with minors.
Child pornography: Producing, distributing, or possessing explicit material involving minors.

These offenses are non-pardonable due to the severe impact on victims and the serious nature of the crimes.

Serious Violent Crimes

Murder: Intentionally causing the death of another person.
Manslaughter: Causing the death of another person through a reckless act.

The gravity of these crimes makes them ineligible for a Pardon.

Requirements for the Pardon Process

Applying for a Pardon involves several steps and meeting specific requirements. Here are the key elements of the process:

Eligibility Criteria

Completion of Sentence: You must have completed all aspects of your sentence, including fines, restitution, probation, and parole.
Waiting Period: You must have completed the required waiting period after finishing your sentence. This is five years for summary offenses and ten years for indictable offenses.

Documentation

You will need to gather various documents to support your application, including:

Court Records: Documentation of your conviction and sentence.
Police Records: Records of your criminal history.
Proof of Payment: Evidence that all fines and restitution have been paid.

Application Form

Complete the pardon application form provided by the Parole Board of Canada. Ensure all information is accurate and complete to avoid delays or rejection.

Demonstrating Rehabilitation

You must demonstrate that you have been a law-abiding citizen since completing your sentence. This can include:

Employment Records: Showing stable employment.
Character References: Letters from employers, community leaders, or mentors.
Evidence of Rehabilitation: Participation in counseling or treatment programs.

Understanding which crimes are pardonable and non-pardonable in Canada is essential for anyone with a criminal record. While many offenses can be pardoned, allowing individuals to move forward with their lives, some serious crimes remain ineligible for a Pardon. Meeting the eligibility criteria and gathering the necessary documentation are critical steps in the Pardon process.

For those seeking expert assistance for Pardon Canada Service, SekCheck is one of the best agencies available. With their expertise, dedication, and comprehensive support, SekCheck can help you navigate the complexities of the Pardon process, ensuring your application is handled with the utmost care and precision.

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