What Crimes Can Not Be Pardoned by Canadian Law?

Having a criminal record is very unfortunate as it interferes with your ability to lead a regular life or the life that you desire. It can get in a way of applying for a loan, traveling abroad, getting a job, and whatnot. Even if you are not convicted of the offense, you can still end up with a criminal record even if you were charged and detained by the RCMP for even a minor charge. In these cases, you can still apply to get a pardon with the Parole Board of Canada or PBC. In case your application gets granted by the board then your record will get removed from the active criminal records on the Canadian Police Information Center, (CPIC).

However, one small mistake doesn't have to mean you will never lead a regular life again, in fact, you can effectively remove these convictions from your criminal record and start a new journey in life by getting a pardon. You can check out the Pardon Applications of Canada website to learn about the whole process.

However, there are some rare cases where pardon is not granted. These conditions are discussed below:

Assault and Attempted Assault Against a Child Committed Before January 4, 1983

Assault, along with attempted assault against the children were considered to be an indictable offense before January 4, 1983. Indictable offenses are the most serious type of offense, and if you were charged or convicted by it, involving an attack on a child then you will not be able to get a pardon. Individuals who were not convicted but only charged with the assault or the attempt of the assault are eligible to apply for a pardon. However, the individual must be able to prove that they are no longer a threat to any child. In another scenario, a convicted individual will not be able to get a pardon.

Schedule 1 Offenses under the Criminal Records Act (CRA)

Individuals convicted of Schedule 1 offenses that fall under the CRA, Criminal Records Act are not eligible to get a pardon. Crimes that are included among these offenses are bestiality, child rape, pedophilia, incest, child prostitution, child pornography, child trafficking, and sexual assault. Due to the grievousness of these acts, these acts are ineligible for pardon and the Parole Board of Canada does not allow these crimes to be removed from your criminal record.

However, under the following conditions, the PBC can grant record suspension to the offender:

- The victim of the crime was less than five years old
- Any weapon or violence was not used during the crime
- The offender is not a person in authority when he committed a crime such as a senior, a soldier, teacher, politician, law agent, etc.

According to Section 4(4) of the Criminal Records Act, all three conditions stated above should be proved in order to apply for a pardon. If the offender is only charged but not convicted of the crime then they will still have to contact PBC to clear their records and apply for a pardon.

Being Charged or Convicted of More Than Three Indictable Offenses Bearing Two or More Years Prison Time

In the Canadian court, indictable offenses carry more moral weight compared to summary offenses. The judgments in these cases are taken after considering the opinions of a group of people or jurists who are aware of the details of the case. Therefore, a person who has committed severe or indictable offenses more than three times and was sentenced to prison for two or more years is considered unfit to rejoin the society and thus the said person has to live with his or her crimes for the rest of their life without getting a pardon.

If you were only charged with these offenses but not convicted then also you will be unable to get a pardon, as it shows that you have a tendency to get in trouble, and hence you are a risk to the public. Despite all these, if somehow a person can manage to convince the Parole Board of Canada that they are not a risk to society then maybe you have a chance to get your record expunged. You need to consult a Pardon Applications of Canada expert lawyer in these cases with years of experience who can help you get a pardon despite the complexities of your case. 

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Posted - 03/25/2022