It’s probably easier to say which offences are eligible or pardonable offences in Canada.
Basically, if you have been convicted of a Schedule one offence or charges under Criminal Records Act, Schedule 1 you are ineligible to apply for a pardon (record suspension), regardless of any mitigating circumstances. What is a Schedule 1 offence? Click here for the list.
And/Or
Three prosecuted indictable offences in excess of a two-year prison sentence. If an indictable offence has a sentence more than two years, it is deemed unpardonable by the Canadian government
Under the Criminal Code of Canada, there are three types of offences. RobichaudLaw* has an easy to understand description.
- Summary conviction offences include the least serious offences under the Criminal Code of Canada. Relatively speaking to the number of offences under the Criminal Code, there are actually very few pure summary conviction offences. Those pure summary conviction offences include: possession of marijuana under 30 grams, solicitation of prostitution, being found in a common bawdy house, etc. There are unique aspects that apply to summary conviction offences that do not apply to indictable offences.
- Indictable offences, and those offences where the Crown may elect to proceed by summary conviction or by indictment. Indictable offences are the most serious of criminal offences and would include murder, acts of terrorism, robbery, drug trafficking, treason, certain types of sexual assault, and other very serious criminal acts. As one could imagine, the sentences for these types of offences are very serious and often carry a potential maximum penalty of life imprisonment.
- Crown-electable offences are often referred to as “hybrid offences”. Hybrid offences are those offences where the Crown may choose to proceed by either indictment or summary conviction. These types of offences cover the majority of Criminal Code of Canada offences. They include, but are not limited to: assault, sexual assault, fraud under $5000.00, theft under $5000.00, assault with a weapon, assault causing bodily harm, possession of cocaine (simple possession), and many more.
A person is ineligible to apply for a pardon until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:
The length of time you have to wait to apply for a pardon is based on the offence:
(a) 10 years, in the case of a serious personal injury offence within the meaning of section 752 of the Criminal Code, including manslaughter, for which the applicant was sentenced to imprisonment for a period of two years or more or an offence referred to in Schedule 1 that was prosecuted by indictment, or five years in the case of any other offence prosecuted by indictment, an offence referred to in Schedule 1 that is punishable on summary conviction or an offence that is a service offence within the meaning of the National Defence Act for which the offender was punished by a fine of more than two thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of that Act; or
(b) three years, in the case of an offence, other than one referred to in paragraph (a), that is punishable on summary conviction or that is a service offence within the meaning of the National Defence Act.
Please note: *we are not affiliated with Robichaud LAw