Phil McColeman Addresses House of Commons on Government Legislation to Eliminate Pardons for Serious Crimes

June 07, 2010

(Ottawa) – Phil McColeman, Member of Parliament for Brant and Member of the Standing Committee on Public Safety and National Security, rose in the House of Commons today and addressed Government legislation to eliminate pardons for serious crimes. Mr. McColeman delivered the following speech in support of the Eliminating Pardons for Serious Crimes Act:


“Thank you, Mr. Speaker.  I’m very pleased to have this opportunity to rise in support of Bill C-23, an Act to amend the Criminal Records Act and to make consequential amendments to other Acts.  The short title of this Bill is Eliminating Pardons for Serious Crimes Act and that is what we believe to be the fundamental objective of these efforts.

With the introduction of Bill C-23, the Government has moved forward to significantly reform the current pardons system and to make good on a commitment to address public concerns swiftly but sensibly.  Foremost, these reforms acknowledge that a pardon is not forgiveness – it is an administrative tool to keep someone’s criminal record separate and apart, but not erased.  These changes will clearly establish who will not be eligible for a record suspension, and as well, bring about more scrutiny and rigor to the decision-making process for those who may apply.

The Government took action to introduce Bill C-23 because we firmly believe that a pardon is not a right and that the commission of serious offences do not warrant a pardon, such as in cases where a sexual offence has been committed against a child.  We believe this sentiment is shared by Canadians and in particular victims, who have spoke of the impacts of crime, and in particular sexual crimes, and the need for adopting changes to the pardons system.

I urge all Honourable Members to give your full support to Bill C-23 and work in cooperation with the Government to ensure swift passage of this important legislation through Parliament.

One key element of this Bill which I have mentioned is a shift in the use of terminology from “pardon” to “record suspension” throughout the Criminal Records Act.  Mr. Speaker, we need to be clear about what this mechanism does and does not do.  We consider the term “record suspension” to better reflect the purpose of this legislation – which is to close off general access to a criminal record, in appropriate cases – as opposed to expressing forgiveness for the offence.  This change in terminology is an important one in terms of reinforcing the role of this legislation and eliminating pardons for serious crimes.

The Government is clear in Bill C-23 that in order to be eligible for a record suspension, an applicant must not have been convicted of an offence involving sexual activity relating to a minor – as set out in the schedule of offences in the Bill.  This includes those with a conviction, for example, of sexual interference or sexual exploitation of a child or luring a child – all serious and grave offences that we do not believe ever warrant a record suspension.

Further, eligibility for record suspensions will be more restrictive in that individuals convicted of more than 3 indictable offences will not be eligible to apply for a record suspension.  We believe this is a fair balance between those with a few youthful indiscretions and those with serious repeat criminal histories.  In addition, the waiting period to apply for a record suspension for summary offences will be increased from 3 to 5 years, and from 5 to ten years for indictable offences.

We believe this sends a strong message that the ineligibility period must reflect the seriousness of the crime committed.

Bill C-23 also proposes significant amendments to the Criminal Records Act to end what many view as a virtually “automatic” process of granting pardons.  As I have indicated, this legislation will provide the National Parole Board with the discretion required to ensure individuals convicted of serious crimes will not be eligible for a record suspension.  It will also establish multi-facetted criteria that must be considered to ensure the ordering of a record suspension is appropriate and does not bring our justice system into disrepute.  This Bill gives the National Parole Board the tools it needs and which it currently lacks.

Under the new system, the changes our Government is proposing would authorize the Board to examine factors such as the nature, gravity, and duration of an offence when it is considering applications for those convicted of an indictable offence.  As well, the Board may consider the circumstances surrounding the commission of that offence and information relating to an applicant’s criminal history in making their decision.  We believe these are sensible additions to the legislative scheme.

There is also a new level of accountability built into the record suspension decision-making process.  Those convicted of an indictable offence would need to prove to the National Parole Board that receiving a record suspension will contribute to his or her rehabilitation.  This places an onus squarely on the applicant to satisfy the National Parole Board that this condition is met. The proposed reforms in Bill C-23 will also bring about more transparency through a report to Parliament on an annual basis from the National Parole Board which will include statistics on the number of applications for record suspensions and the number of record suspensions ordered for both summary conviction and indictable offences, indexed by offence and province of residence of the applicant.

Further openness and scrutiny of the decision making process will be achieved through public access to the National Parole Board’s decisions regarding orders or refusals for record suspensions.  This will be done in a way that does not compromise the privacy of the concerned individuals, unless they consent to such disclosure.

Bill C-23 contains a comprehensive package of vital amendments, and I urge all Honourable Members to give Bill C-23 speedy passage through the House so that these new measures can be implemented without delay.
Thank you, Mr. Speaker.”