Bill C-69
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SUMMARY |
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This enactment amends the provisions of the Criminal Records Act
with respect to pardons and makes minor and technical amendments to
that Act.
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The enactment provides for the automatic revocation of a pardon
upon a subsequent conviction for an indictable offence or an offence
punishable either on indictment or on summary conviction, subject to
certain exclusions. It provides that, when the National Parole Board is
considering the denial or revocation of a pardon, the affected person
will generally make any representations to the Board in writing. It also
imposes a one-year waiting period to re-apply for a pardon following
a denial.
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A new provision enables notations to be made in the automated
criminal conviction records retrieval system maintained by the Royal
Canadian Mounted Police in respect of the records relating to certain
offences listed in the regulations of pardoned persons in order to allow
the disclosure of those records when individuals are screened for
positions of trust with children or other vulnerable groups.
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EXPLANATORY NOTES |
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Criminal Records Act |
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Clause 1: The relevant portion of section 4 reads as
follows:
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4. Before an application for a pardon may be considered, the
following period must have 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, namely,
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Clause 2: Subsection 4.2(4) is new. Subsections 4.2(2)
and (3) read as follows:
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(2) If the Board proposes to refuse to grant a pardon, it shall notify
the applicant of its proposal and advise the applicant that he or she is
entitled to make any representations to the Board that he or she believes
relevant.
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(3) The Board shall, before deciding whether to refuse to grant a
pardon, consider any oral or written representations made to it by or on
behalf of the applicant within a reasonable time after the notification is
given to the applicant pursuant to subsection (2).
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Clause 3: The heading before section 5 reads as
follows:
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EFFECT OF GRANT OF PARDON |
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Clause 4: The relevant portion of section 5 reads as
follows:
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5. The pardon
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Clause 5: Subsections 6(1) and (2) read as follows:
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6. (1) The Minister may, by order in writing addressed to any person
having the custody or control of any judicial record of a conviction in
respect of which a pardon has been granted, require that person to
deliver that record into the custody of the Commissioner.
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(2) Any record of a conviction in respect of which a pardon has been
granted that is in the custody of the Commissioner or of any department
or agency of the Government of Canada shall be kept separate and apart
from other criminal records, and no such record shall be disclosed to any
person, nor shall the existence of the record or the fact of the conviction
be disclosed to any person, without the prior approval of the Minister.
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Clause 6: New.
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Clause 7: Sections 7.1 and 7.2 read as follows:
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7.1 (1) If the Board proposes to revoke a pardon, it shall notify in
writing the person to whom the pardon was granted or issued of its
proposal and advise that person that he or she is entitled to make any
representations to the Board that he or she believes relevant.
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(2) The Board shall, before deciding whether to revoke a pardon,
consider any oral or written representations made to it by or on behalf
of the person to whom the pardon was granted or issued within a
reasonable time after the notification is given to that person pursuant to
subsection (1).
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7.2 A pardon ceases to have effect if the person to whom it is granted
or issued is subsequently convicted of an offence prosecuted by
indictment under an Act of Parliament or a regulation made under an
Act of Parliament.
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Clause 8: Section 9.1 reads as follows:
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9.1 The Governor in Council may make regulations for carrying out
the purposes and provisions of this Act.
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Criminal Code |
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Clause 9: Subsection 750(4) reads as follows:
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(4) A person to whom subsection (3) applies may, at any time before
a pardon is granted to the person under section 4.1 of the Criminal
Records Act, apply to the Governor in Council for the restoration of one
or more of the capacities lost by the person by virtue of that subsection.
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