Crimes That can and Can’t Get Pardoned in Canada

A pardon, also called as record suspension, separates a criminal record committed by an offender from other criminal records. Convicted offenders can also gain a pardon from a certain crime they committed as well. Any search by the Canadian Police Information Center will not show the pardoned crimes that you have committed, too.

Learning and separating pardoned crimes from those that cannot be pardoned can let you understand the offences which can lead to a permanent record. Note that a permanent criminal record can hinder you from doing certain activities like travelling, acquiring certain documents, or even gaining employment.

Criminal Offences with Pardon

Firstly, the Parole Board can propose to deny the application for parole. Thus, it will take 2 years to process the pardon when this happens. Here are the criminal records that can be pardoned:

Summary Offences are crimes indicated in common law jurisdictions that can be summarily proceeded without the need to have a right to a jury. It also doesn’t need indictment, unlike indictable offences. The average time it takes to get a pardon for summary offences lasts six months. Also, all summary offences in Canada have a maximum of 6 months imprisonment. Here are the common crimes under summary offences:

  1. Importing or exporting items for illegal drug use

  2. Disturb religious worship

  3. Nudity

  4. Causing a Disturbance

  5. Falsifying employment record

  6. Unlawful timber marks dealings

  7. Use of DNA analysis for improper purposes

  8. Creating likeness of bank notes

  9. Prize fights

  10. Carrying weapons while attending a public meeting

Indictable Offences are crimes with indictments after the preliminary hearing has concluded. The indictment determines if there is a case to answer or if a grand jury is needed. The offences that have indictments vary in terms of minimum and maximum imprisonment time. Most of the indictable offences have pardons that can be denied, while others cannot be pardoned. Crimes under indictable offences have a parole process for one year.

Crimes that have a maximum two years life imprisonment are:

  1. Possession of forged passport

  2. Keeping gaming or betting houses

  3. Concealing body of a child

  4. Unlawful solemnization of marriage

  5. Supplying noxious item to produce miscarriage

  6. Females aborting pregnancy

Crimes with a maximum of 7 years imprisonment are:

  1. Holding riots

  2. Fraudulent use of citizenship certificate

  3. Extortion by libel

  4. False affidavits

  5. Permitting or assisting escape

  6. Corrupting children

  7. Spreading false news

  8. Common nuisance

  9. Possession of illegal wiretapping equipment

  10. Placing bets for others

Common crimes with a maximum of 10 years imprisonment are:

  1. Terrorism

  2. Weapons trafficking

  3. Possession of unauthorised firearm

  4. Sabotaging

  5. Dangerous operation of vehicles that can cause bodily harm

  6. Parents or guardians procuring sexual activity under 16

  7. Theft of cattle

  8. Aggravated assault

  9. Destroying title documents

Crimes with a maximum of 14 years imprisonment are:

  1. Facilitating terrorist activity

  2. Use of firearm in commission of lower or similar offences

  3. Discharging firearms with intent to wound

  4. Commission of offence for criminal organisations

  5. Sexual assault with unrestricted firearms

  6. Sexual interference

  7. Child pornography

  8. Treason

Criminal Offences Without Pardon

These offences are grave enough to remove the invocation of a pardon by the Parole Board. As mentioned above, non-pardoned crimes are indictable offences. There are also some situations where some pardons can be denied, or delayed for two years. The criminal offences that cannot be pardoned can get an offender imprisoned for life.

Final Thoughts

Always be aware of the following crimes as it will make you more knowledgeable on the activities to avoid upon travelling in Canada. Remember that ignorance of the law is never an excuse for anyone. Thus, learning a bit of criminal law is critically urgent for everyone traveling or staying in Canada.