Law to Change Criminal Record Rules
Changes to Criminal Records
This proposed law, S-212, focuses on changing how criminal records are handled in Canada. Right now, if you've been convicted of a crime, that record can make it hard to find a job or a place to live, even after you've served your time. This proposed law aims to make it easier for people to get their criminal record sealed, meaning it wouldn't show up on background checks. This change would affect anyone who has a criminal record and has completed their sentence. It could also affect employers and landlords who currently use criminal record checks to make decisions. By making it easier to seal a criminal record, this proposed law could give people a second chance and help them reintegrate into society. This matters because it could reduce the stigma associated with having a criminal record. It could help people find work and housing, which can lead to a more stable life and reduce the chances of re-offending. It's about giving people who have paid their debt to society a fair opportunity to move forward.
Where this proposed law falls on the policy spectrums that Canadians care about
Easing the path to a clean criminal record can help people with past convictions find employment, which can be seen as a worker protection.
The bill leans towards restorative justice by making it easier for people with past convictions to reintegrate into society, reducing recidivism through employment and housing.
This proposed law aims to replace 'record suspensions' (pardons) with 'record expiry', which happens automatically after a set time. This removes some barriers for people with past convictions, but leaves some discretion to the Board of Pardons to decide if someone has truly been rehabilitated.
Things to Watch For
- It's not clear how the Board will decide if granting a record expiry would 'bring the administration of justice into disrepute'.
- The law doesn't specify what kind of 'outstanding charges' or 'investigations' would prevent a record from expiring automatically.
- The law does not address whether people will be told about the change from 'record suspension' to 'record expiry'.
- The law does not address if the new rules apply to past convictions or only future ones.
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How likely this proposed law is to be approved
This proposed law has passed the Senate, but it was proposed by a senator, not the government. That makes it less likely to pass the House of Commons.
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