Evidence of meeting #158 for Public Safety and National Security in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was process.
A recording is available from Parliament.
Director General, Crime Prevention, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
I'll check.
Liberal
The Chair Liberal John McKay
Perhaps that could be done expeditiously because the timeline on the study of this bill is quite limited.
Mr. Picard, you have seven minutes, please.
Liberal
Michel Picard Liberal Montarville, QC
Thank you, Mr. Chair.
My questions will be about the process of applying for a criminal record suspension.
As I understand it, the applicants are responsible for applying. They have to submit a complete file. The bill states that there will be no fees and no waiting period. So the applicants have to submit an application, and normally, it will be granted.
What would be the grounds for refusing an application?
Director General, Crime Prevention, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
Only if they could not demonstrate that it was possession of cannabis and that they had completed their sentence.... If they couldn't demonstrate those two things they wouldn't fit within the parameters of Bill C-93.
Liberal
Michel Picard Liberal Montarville, QC
What is the relevance of having completed a sentence if you are going to erase the criminal record anyway?
Director General, Crime Prevention, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
I think that just goes to the credibility of the criminal justice system. You've had a criminal charge. It could have been five or 10 years ago. You didn't complete your sentence or you're still serving your sentence, but once the sentence is completed, it's finished.
Liberal
Michel Picard Liberal Montarville, QC
I would like to push the matter further.
When applicants do the research work in order to obtain all the documents they have to submit, they communicate with courts and police stations. They are the ones doing the work because it would be an extremely onerous, complicated and lengthy task if the department had to do it instead. I fully understand that. So applicants have to ask police stations or courts to send them the information. However, those places are not always in the city where an applicant lives. To facilitate the process, they receive documents by email or the post.
How can you guarantee that the documents submitted to you are valid?
Acting Director General, Policy and Operations, Parole Board of Canada
I might turn the answer to this question over to my colleague Brigitte.
Director, Clemency and Record Suspensions, Parole Board of Canada
At the moment, when people apply for a pardon, a suspension of a criminal record, the documents submitted to us by those applying are official documents from police forces and courts. The applicants obtain documents bearing a seal or some kind of stamp that proves that they are genuine.
Liberal
Michel Picard Liberal Montarville, QC
Do you then double check to make sure that the information you have been sent is valid? So are you therefore in the position of doing part of the research, on top of the work that applicants have to do?
Director, Clemency and Record Suspensions, Parole Board of Canada
The documents come to us in the proper form and bear a seal or a stamp. We can authenticate them and move on to examine the case.
Liberal
Michel Picard Liberal Montarville, QC
The fact remains that the documents you mention, even though they have been authenticated, were submitted by the applicant.
Liberal
The Chair Liberal John McKay
Just following up on Mr. Picard's question, if someone is applying to have a record suspension, what mechanically is required? Can I submit a notarized copy of my sentence completion? Will that be acceptable to the board?
Director, Clemency and Record Suspensions, Parole Board of Canada
What we obtain in terms of the court documents is a document that is filled out by the court. We receive their stamp or their crest confirming that the sentence has been completed and that's also to allow us to determine if there is any fine attached to the sentence that still hasn't been paid in full.
Liberal
The Chair Liberal John McKay
If I don't have that document, do I have to physically go to the courthouse and obtain that document?
Director, Clemency and Record Suspensions, Parole Board of Canada
The applicants do obtain documentation from the courts and other documents from police sources. Their local police will do the records check and provide it to us.
Liberal
The Chair Liberal John McKay
In an average case, presumably I have to go to the police station and prove that I haven't done anything bad since the last time I was convicted. I have to provide proof that I was convicted and that my sentence has been completed. Is there anything else I have to show to the Parole Board?
Director, Clemency and Record Suspensions, Parole Board of Canada
We also require the fingerprint sheet, which allows us to have the convictions that are in the national repository, and we ask them to fill out the application form. There's a package, a step-by-step guide that will be created. It will be straightforward in nature and will outline the steps and the documents the applicant will need to provide to us in order to undertake the review of the case and determine that the criteria have been met in the legislation. Then we'll be able to order the pardon.
Liberal
The Chair Liberal John McKay
You have a three, four or five-step process for marginalized people to get what should be a simple....
Director, Clemency and Record Suspensions, Parole Board of Canada
The Parole Board administers the proposed legislation, the legislation that will come into force. We'll be ready to have a straightforward approach. We'll have tools available to applicants. We have our 1-800 line and a dedicated email. We'll have web information and, as mentioned by my colleagues, an aggressive outreach strategy targeting traditional and non-traditional partners in order to make it as simple as possible for applicants to be able to benefit from the no-cost expedited process that's been proposed here in Bill C-93.
