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At third reading in the Senate

S-212
May 9, 2024 (9 months ago)
Canadian Federal
Kim Pate
Senate
Third reading
0 Votes
Full Title: An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation
Criminal Justice
Social Issues

Summary

The proposed amendments to the Criminal Records Act aim to revise the process for the expiry of criminal records, replacing existing measures with a more streamlined approach. This includes eliminating fees for applying for record expungement and reducing waiting periods for record expiry, with the intention of promoting rehabilitation and reducing the stigma associated with past convictions. However, concerns have been raised about potential risks to public safety and the financial implications of processing increased application volumes.

What it means for you

Individuals with past criminal convictions, especially those related to cannabis offenses, will find it easier to have their records expunged. This can positively impact job seekers, particularly the youth, allowing them to secure employment without the burden of a criminal record. On the flip side, employers, particularly those in sensitive positions, may be concerned about the potential hiring of candidates with serious offenses in their past who can now more easily have their records cleared.

Expenses

The government may incur increased administrative costs associated with processing a higher volume of record expiry applications due to the elimination of application fees. The concern is that this could strain existing resources that would otherwise be allocated to other areas of the justice system. There is also the potential for increased costs related to public safety if the number of reoffenders rises due to the automatic expiry of serious criminal records.

Proponents view

Supporters argue that the amendments are essential for fostering a more rehabilitative justice system, reinforcing the principle that individuals who have served their time should have the opportunity to reintegrate into society without being hindered by past mistakes. They advocate that this can lead to lower recidivism rates and long-term savings for the state by reducing incarceration costs and enabling former offenders to contribute productively to the economy.

Opponents view

Critics warn that automatically expunging records, especially for serious offenses, could compromise public safety, making it harder to vet candidates in sensitive fields. They argue that the elimination of fees may result in a flood of applications, overwhelming the system and potentially leading to rushed approvals or oversights. There is also concern that the financial burden of increased administrative processes may lead to inefficiencies in other critical areas of the justice system.

Original Bill