Pardon Legislation: Who’s on First?
If you’re confused about the pardon rules, regulations, and procedures, you’re not the only one. Pardon legislation in Canada has changed more times than you can count in the last decade and continues to evolve. Fees, eligibility, waiting periods, required paperwork, and processing timeframes (to name a few) change so frequently it’s hard to keep track.
Some of the things we’ve seen change since 2010 are:
- The filing fee: $50 —> $150 —> $631 —> $644.88 —> $657.77 —> $50
- Government processing time frames: a few months —> 2-3 years —> 6-12 months —> 2 weeks to 18 months
- Eligibility waiting periods: 3 or 5 years —> 3 or 5 or 7 years —> 5 or 10 years —> 3 or 5 or 10 years
Sex offences involving minors could be pardoned, then couldn’t, then could be depending on where you lived and the date of your offence, now can be for offences occurring before March 2012 Canada-wide. Court surcharge fees needed to be paid in full for you to be eligible, then those ordered between 2013 and 2018 didn’t need to be. You didn’t have to prove fine payments after 15 years, now all fines must be confirmed paid. You didn’t have to write a personal letter of explanation, then you did if you had convictions deemed serious, then all applicants had to (cannabis-pardons aside), now if your first offence took place prior to June 29, 2010 you don’t have to. Police checks were valid for 6 months, then 12 months, then 6 months for foreign results (depending on whom you speak to at the Parole Board). The list goes on.
Is your head spinning yet? Nobody would blame you for it. The law changes more frequently than we change our underwear, and the pardon process is far from user-friendly. Can you file on your own? Of course, and we’re still happy to answer your questions, however we’re also here to know pardon legislation inside-and-out and monitor any further changes (and how they impact your file) if you hire us to be your representative.
Questions? Let us know!
The ‘Suspend This’ Team