What crimes cannot be pardoned in Canada?

What crimes cannot be pardoned in Canada?

What crimes cannot be pardoned in Canada?
  • What crimes cannot be pardoned in Canada?
  • The Canadian government will grant you a Pardon, which is now called a Record Suspension, if you have completed your sentence in full, waited a period of time and have stayed a law-abiding citizen.
  • However, there are 3 exceptions where you cannot get a Pardon.

1/  When you have been convicted of more than 3 indictable offences, each resulting in a sentence of jail for two or more years.

  • What’s important with this exception is that the convictions need to be indictable offences.
  • The Criminal Code of Canada makes a distinction between what is known as indictable offences and summary offences.  
  • In simple terms, indictable offences are more serious than summary offences.  
  • And if you are not sure whether your convictions were indictable or summary offences, you can find out that information by contacting the court where your case was heard.

2/  If you were convicted of a sexual assault which involved a minor.

  • However, there is a scenario where you may be able to get a Record Suspension if you can convince the Parole Board of Canada of 3 things regarding the circumstances of your assault.
  • First, you were NOT in a position of trust or authority with the victim.
  • Second, you did NOT use or threaten to use any violence, intimidation or coercion on the victim; and
  • Third, you were less than five years older than the victim.

3/  If you get a sentence of life or an indeterminate sentence.

  • An indeterminate sentence means that your jail term does not have an end date. 
  • After 7 years, the Parole Board of Canada will review your indeterminate sentence to determine whether an end date should be defined.  
  • If the Parole Board does not define an end date, then your case will be reviewed again in 2 years to assess whether an end date makes sense.
What crimes cannot be pardoned in Canada?

In Canada, there are 3 exceptions to getting a Pardon (now called a Record Suspension): if you have been convicted of more than 3 indictable offences each resulting in a sentence of jail for 2 or more years, if you were convicted of a sexual assault involving a minor, or if you were sentenced to life or an indeterminate sentence.

Are there certain crimes that cannot be pardoned in Canada?

There are 3 exceptions to getting a Pardon, or Record Suspension, in Canada. These include: being convicted of more than 3 indictable offences with a sentence of jail for two or more years, being convicted of a sexual assault involving a minor, and receiving a sentence of life or an indeterminate sentence.

Canada’s How Fast Can I Get a Pardon Test™
In 30-seconds, learn how quickly you can get a Criminal Pardon / Record Suspension in Canada.
Let's Ditch Your Criminal Record
Dan Joffe, Partner, NextLaw - US Waiver Services & DUI
Your ability to keep get a better job, travel or Immigrate to Canada depends on a proper Record Suspension application. Our law firm can change everything. Let’s discuss – FREE!
Let's Ditch Your Criminal Record

Your ability to keep get a better job, travel or Immigrate to Canada depends on a proper Record Suspension application. Our law firm can change everything. Let’s discuss – FREE!

5.0
554 Reviews
5
554
4
0
3
0
2
0
1
0
Dan Joffe, Pardon Lawyer

Daniel holds a JD (LLB) / MBA from Osgoode Hall Law School & the Schulich School of Business at York University, Toronto. Dan is a licensed lawyer in the Province of Ontario.

Canada’s How Fast Can I Get a Pardon Test™

In 30-seconds, learn how quickly you can get a Criminal Pardon / Record Suspension in Canada.

Pardon / Record Suspension Articles
Share this Post
Disclaimer

Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.