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In 2012, the Canadian government changed the name of pardons to record suspension. This reflects the fact that the pardon could be revoked if the person were to re-offend. [18] The Canadian government undertook public consultation on the Criminal Records Act in 2016. The results will be used to inform further changes to the Act. [19]
Under the Criminal Records Act, Section 2.1, [5] the Parole Board of Canada is the administrative tribunal that has the exclusive authority to make decisions regarding Record Suspensions. A Record Suspension is a formal means to remove the disadvantages associated with having a Criminal Record for people that have been convicted of a criminal ...
This section made significant changes to the country's pardon laws. Part 3 of the bill replaced the term "pardon" with "Record Suspension" and eliminated pardons for those with Schedule 1 criminal offences on their record or those with more than three offences each carrying a sentence of two years or more. [7] The bill caused much controversy.
For instance, the delay period for an application for a criminal record suspension (formerly called a pardon) disregards any remission earned. An accused person serving a determinate sentence, other than life imprisonment, is eligible for statutory release after serving two-thirds of the sentence.
The Act replaced the term "pardon" with "record suspension", [14] and the pardon system was similarly changed. [15] A pardon keeps the police record of a conviction separate and apart from other criminal records, and gives law-abiding citizens an opportunity to reintegrate into Canadian society.
The Parole Board of Canada has stated that an expungement is different from a record suspension or pardon, which is for those who were duly convicted of a crime. With expungement, the Government recognizes that those whose record of conviction constitutes a historical injustice should not be viewed as "former offenders."
In 2016, the government of Prime Minister Justin Trudeau introduced An Act to amend the Canadian Human Rights Act and the Criminal Code (C-16) in the House of Commons of Canada, to add and include "gender identity or expression" to the legislation. The bill passed the Commons on November 18, 2016, and the Senate on June 15, 2017.
Individuals in Australia can obtain a national criminal history to check themselves, and certain organisations can apply for one on their behalf. A person may be required to undergo a criminal record check for a variety of reasons, including employment screening, volunteer work, preparing for a court appearance, visa applications, firearms licensing, or to satisfy a statutory requirement.