If you had a simple possession charge prior to November 17th 2022 of any controlled substance, marijuana, cocaine, methamphetamine – you name it – you now have a pardon for that crime. Thanks to bill C-5 receiving royal ascension on November 17th 2022 once it’s been 2 years since the legislation came into effect (i.e. November 17, 2024) your record will be sealed. If you receive a simple possession conviction after November 17, 2024 then your record will be sealed 2 years after the completion of your sentencing.
The war on drugs is a war on human nature as nearly every culture uses some form of chemical for spiritual or recreational activity.
What Was Bill C-5 About Anyway?
There are three important changes to note from Bill C-5:
- Bill C-5 removed ever single mandatory minimum sentences from the Controlled Drugs and Substances Act while removing specific sentences for drug and weapons offences within the Criminal Code of Canada.
- Bill C-5 expanded the availability of Conditional Sentence Orders better know as House Arrest.
- Bill C-5 introduced changed the procedures of how authorities responded to simple drug possession.
Nothing about possession for the purpose of trafficking or production for the purpose of trafficking changed.
The Government Pardon fee has been reduced to just $50. Our fees & court costs still apply.
Why The Automatic Drug Possession Pardons?
Many individuals, especially from marginalized communities, possess criminal records for minor drug possession, hindering their ability to live ordinary lives that many of us consider normal. Even after marijuana legalization, those with prior possession charges still encounter significant obstacles due to their convictions. These barriers include difficulties in securing employment, obtaining housing, volunteering, or traveling freely.
A Pardon Sequesters Does Not Expunge Charges
It’s essential to distinguish between sequestration and expungement. Sequestration involves sealing a person’s record, making it inaccessible, while expungement entails completely eliminating the record. So why is it crucial to incorporate sequestration for minor possession charges? Sequestration would streamline the process, making it automatic, whereas expungement requires individuals to navigate a complex legal procedure that demands substantial time and effort.
We offer full criminal record checks and RCMP certified digital fingerprinting.
Marijuana Pardons – Too Much Work?
For instance, after marijuana legalization, the Parole Board of Canada allowed individuals with previous marijuana possession convictions to apply for pardon (record suspension). Initially, the government estimated around 10,000 applications for suspension, but over the three years since the program’s inception, only 972 applications have been received, with only 628 resulting in record suspension, as reported by CBC News. Sequestration, on the other hand, would occur automatically after two years, ensuring that those convicted of simple possession no longer face such barriers.
Europe will be adding criminal record checks for travel in 2025.
Is There Anything I Need To Do?
Past charges including stay of proceedings are unaffected by this legislation and will remain on a criminal record. That means travel to the United States and soon Europe will be problematic.
We offer free private pardon (record suspension) consultation with our owner, Mitch Jessiman to assess your situation. Thanks for reading.
Call to book your free pardon consultation at 1-204-453-0099.
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