Pardon is quickest way to clear pot convictions
Re Notwithstanding the Star’s editorial, the enhanced pardon process our government is proposing for those with criminal records for simple possession of cannabis is no half-measure.
We recognize that those records can have a disproportionate impact on people’s lives. And, like many laws unfortunately, there were undoubtedly unfairnesses in the way in which the old cannabis laws were enforced.
For these very reasons, we will legislate a better pardon process with no fee and no waiting period before eligibility — to remove the stigma in the quickest and least expensive manner. Once a record is pardoned, it can only be disclosed in exceptional circumstances, and not for routine purposes such as when an individual is applying for a background check, such as for employment, housing, a passport or a loan.
Expungement, by contrast, is slower and more costly. More importantly, it is an extraordinary measure intended to be used only in cases where the law itself — not its uneven application — was a violation of human rights and never should have existed.
Such was the case with sections of the Criminal Code that deliberately and specifically discriminated against LGBTQ2+ Canadians because of their sexual orientation. That is unconstitutional and contrary to the charter of rights. Those records were expunged because they should never have existed.
The effectiveness of pardons is protected by the Canadian Human Rights Act, which prohibits discrimination against an individual for a conviction that has been pardoned.
Prospective employers, landlords and others are prohibited from asking if someone has been convicted of an offence for which a pardon has been granted. They are required to ask “have you ever been convicted of a criminal offence for which a pardon has not been granted?” In such cases, an applicant who have received pardons can reply “no,” giving the same response as someone who has never been convicted.
The bottom line is that the benefits of expungement that some are touting either don’t exist or are achieved by pardons. Our plan is an important step forward to break down barriers.