Expect to have your pot record expunged once marijuana is legalized? Think again.
Why? Well, when someone is charged with a crime, the laws in place at the time of the offence dictate how that individual will be punished if convicted. An exception is outlined in Section 11(i) of the Charter of Rights and Freedoms:
Tens of thousands of Canadians are charged with possession each year. Pardons would have to extend not just to the individual caught with a small amount, but to notorious suppliers and dealers as well. Probably not such a good idea.
The previous Conservative government overhauled the pardon system in 2012, making it more expensive and rigorous. Pardons, now called record suspensions, seal a criminal record to allow offenders who have lived crime-free to reintegrate, get better jobs and travel abroad. The Parole Board of Canada has grappled with a backlog of pardon applications dating to the government's changes, though it said last May it only had 5,000 left.
Proponents of legalization argue a marijuana possession conviction can play havoc with an individual’s life, including gaining employment and travelling across the border into the US. It's certainly a good starting position. Canadians “who have been impacted” will no doubt speak up with one voice demanding amnesty.
Why? Well, when someone is charged with a crime, the laws in place at the time of the offence dictate how that individual will be punished if convicted. An exception is outlined in Section 11(i) of the Charter of Rights and Freedoms:
“Any person charged with an offence has the right . . . if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing to the benefit of the lesser punishment.”The Charter says nothing about granting amnesty to a convicted individual whose offence later ceases to be a crime. That’s why, if marijuana is legalized in Canada, the legislation will probably not come with an amendment that allows all those previously convicted of possession of marijuana to be pardoned and have their criminal records expunged.
Tens of thousands of Canadians are charged with possession each year. Pardons would have to extend not just to the individual caught with a small amount, but to notorious suppliers and dealers as well. Probably not such a good idea.
The previous Conservative government overhauled the pardon system in 2012, making it more expensive and rigorous. Pardons, now called record suspensions, seal a criminal record to allow offenders who have lived crime-free to reintegrate, get better jobs and travel abroad. The Parole Board of Canada has grappled with a backlog of pardon applications dating to the government's changes, though it said last May it only had 5,000 left.
Proponents of legalization argue a marijuana possession conviction can play havoc with an individual’s life, including gaining employment and travelling across the border into the US. It's certainly a good starting position. Canadians “who have been impacted” will no doubt speak up with one voice demanding amnesty.
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