Parliamentary Committee Notes: Funding for Record Suspension (Pardon) Program Reforms
Date: April 6, 2022
Classification: Unclassified
Branch / Agency: CPB
Proposed Response:
- The Government of Canada recognizes the importance that record suspensions play in the sustained rehabilitation and reintegration of individuals into society, and has taken action to make record suspensions more accessible.
- Budget 2021 provided $88.2 million over five years and $13M ongoing to Parole Board of Canada, Royal Canadian Mounted Police, and Public Safety to improve the record suspension process by reducing the application fee, creating an online application portal, and supporting community organizations that help people navigate the application process.
- On January 1, 2022, the application fee reduction came into force, lowering the cost of applying for a record suspension from $657.77 to $50. The significantly lower fee improves access to record suspensions, especially for people with lower incomes.
- In addition, the Government is exploring the automated sequestering of some criminal records for those living crime-free, in consultation with provinces, territories and municipalities, as well as other key criminal justice stakeholders.
- Removing the stigma of a criminal record will facilitate reintegration, enhance public safety, and allow law-abiding individuals to more fully participate in our society.
Financial Implications:
- The 2021-22 Supplementary Estimates C includes vote appropriations for Public Safety Canada of $1 million in expenditures for stakeholder engagement to explore the automated sequestering of criminal records for less serious offences after specific periods of time for those living crime-free.
- The 2021-22 Supplementary Estimates C also includes vote appropriations for the Parole Board of Canada of $5.7 million for expenditures to modernize the record suspension application and decision-making system, including the development of an online application portal, and to offset program costs resulting from the reduction in the record suspension application fee.
Funding for Record Suspension (Pardon) Program Reforms
Background:
The Government is making investments to advance reforms to the record suspension program to address systemic barriers, promote reintegration and ensure the system is fair and proportionate.
The Criminal Records Act (CRA) underwent significant legislative changes between 2010 and 2012. These changes had the effect of limiting access to pardons, currently known as record suspensions, by lengthening waiting periods before individuals could apply, making some offences ineligible for pardons, and introducing new decision-making criteria. The term ‘pardon’ was also changed to ‘record suspension’. In addition, the application fee was increased from $50 to $150 in 2010, and then to $631 in 2012 to reflect full-cost recovery. After an increase in accordance with the Service Fees Act in March of 2021, the cost to apply for a record suspension reached an all-time high of $657.77, plus associated costs related to obtaining necessary documents.
In December 2018, the Standing Committee on Public Safety and National Security (SECU) released its thirtieth report on M-161, Record Suspension Program. This report listed seven recommendations and observations in support of record suspension reform. The Government tabled its response to SECU on April 10, 2019, reaffirming its commitment to help reduce barriers associated with having a criminal record and address issues of accessibility and terminology.
For individuals with a criminal record in Canada, the obstacles they face long after completing their sentence can impede their ability to fully reintegrate and contribute to their community. A record suspension increases access to jobs, education, stable housing, and makes communities safer by helping to end the cycle of crime. However, fees and difficult-to-navigate processes pose unnecessary barriers to record suspensions, particularly among marginalized groups.
Non-Legislative Reforms:
Budget 2021 proposed to provide $88.2 million over five years, beginning in 2021-22, with $13 million ongoing, to the PBC, the Royal Canadian Mounted Police (RCMP), and Public Safety Canada.
As announced on June 10, 2021, the Government committed to investing in program modernization for the Parole Board of Canada (PBC), including with the development of a new online portal to make the application process simpler and quicker.
On December 21, 2021, it was announced that the Government would make record suspensions more affordable by significantly reducing the application fee. Since January 1, 2022, the cost of applying for a record suspension is $50, reduced from the previous cost of $657.77.
On February 3, 2022, Public Safety Canada also announced new support for organizations that assist individuals in applying for record suspensions. The call for applications for a new contribution stream within the Grants and Contributions Program to National Voluntary Organizations involves federal funding of $18 million over the next four years, which will go to organizations active in corrections, conditional release and community reintegration. This funding will help these organizations support individuals applying for record suspensions in navigating the process, as well as ensuring they have access to the right information and resources. It will also help reduce reliance on some private, for-profit companies that can give misleading information and charge high fees. This call for applications closed on March 18, 2022 and applications are currently being reviewed.
Financial Implications
The 2021-22 Supplementary Estimates C includes vote appropriations for PBC of $5,776,805. Given the reduction in the application fee from $657.77 to $50 that came into force on January 1, 2022, the PBC requires additional funding to offset program costs. This funding will cover the loss in revenue generated by the reduction of the fee. Additionally, in order to modernize the program, funding is required to update the record suspension and decision-making system, including creating an online application portal that will make it easier to transmit official documents for an application, accommodate electronic submissions to streamline the application process and create a more efficient system for processing applications in a timely manner.
The 2021-22 Supplementary Estimates C includes vote appropriations for Public Safety Canada of $959,612. In order to truly transform the Record Suspension Program, PS requires funding to undertake engagement on the Automated Sequestering of Criminal Records (ASCR). An ASCR system is understood to be a program by which a criminal record would be kept separate and apart from other criminal records, without an application by the individual, after certain conditions are met, as required by legislation. The engagement, in consultation with provinces, territories and municipalities, as well as other key criminal justice stakeholders will provide the opportunity to explore all legal concerns, costs and operational considerations for the potential implementation of such a system in Canada.
Contacts:
Prepared by: Rachelle Goyette, A/Manager, 343-551-6542
Approved by: Talal Dakalbab, Assistant Deputy Minister, 613-990-2703
- Date modified: