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e-4306 (Public safety)

E-petition
Initiated by Abby Deshman from Toronto, Ontario

Original language of petition: English

Petition to the Minister of Public Safety

Whereas:
  • Over one in nine Canadians have a record of criminal conviction;
  • Black people and members of other racialized communities, Indigenous persons, those who have experienced homelessness, mental health challenges, addictions and the consequences of drug criminalization, along with others who are marginalized, are disproportionately policed and criminalized, and, therefore, disproportionately impacted by criminal records;
  • Social science evidence shows that an old criminal record does not provide a reliable indicator of a person’s future likelihood to commit crimes;
  • Criminal records pose significant barriers for individuals trying to find stable employment and housing, travel, or access a range of services;
  • Community safety is increased when we eliminate unnecessary barriers to stable employment, housing, and meaningful community involvement;
  • Having a job is a key protective factor that significantly decreases the likelihood of re-engagement with the criminal justice system;
  • The Criminal Records Act allows some people to obtain a record suspension, but establishes an application-based system that is unnecessary, cumbersome, slow, complicated to navigate, and inaccessible to the most marginalized groups of people; and
  • Revisiting how Canada deals with old criminal records would dramatically increase individuals’ chances of accessing employment, transforming people’s lives, increasing community safety, and curbing systemic discrimination.
We, the undersigned, residents of Canada, call upon the Minister of Public Safety to reform the Criminal Records Act and put in place a comprehensive, automatic record suspension system to automatically lift the burden of a criminal record for those who have successfully completed their sentence and lived in the community for several years with no new criminal convictions.

Response by the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs

Signed by (Minister or Parliamentary Secretary): JENNIFER O’CONNELL, M.P.

The Government of Canada recognizes the stigma associated with having a criminal record, and the barriers it creates to successful reintegration into the community. Those who have served their sentence, and choose to live a crime-free life continue to face limited access to important milestones, such as safe housing, meaningful employment, and educational and volunteering opportunities. These barriers are often disproportionately felt by those from marginalized and racialized communities, in particular Indigenous Peoples and Black Canadians, who are overrepresented in all stages of the criminal justice system.

One of the commitments announced in the 2021 Prime Minister’s Mandate Letter to the Minister of Public Safety was to advance reforms to the Record Suspension Program to address systemic barriers, promote re-integration and ensure the system is fair and proportionate. In the Fall 2022, Public Safety began to enter into new agreements to provide $18 million dollars over four years to 18 different community organizations that support people seeking a record suspension. These community organizations help applicants navigate the record suspension process, ensuring they have the right information and resources. The fee reduction, introduced on January 1, 2022 reducing the record suspension application fee from $657.77 to $50, and investments in community organizations are directly related to the funding that was announced for reforms to the current Record Suspension Program in Budget 2021, A Recovery Plan for Jobs, Growth, and Resilience.

Also in 2022, Public Safety established a working group with partners at the federal, provincial and territorial level to discuss a potential automated sequestering of criminal records (ASCR) system in Canada. A report detailing the preliminary gaps and considerations associated with such a system was finalized and approved in November 2022, highlighting the complexity of implementing such a system, including the extent of financial resources and time that would be required. Consultation sessions also took place between April 2022 and June 2022 with several key stakeholders, such as groups from law enforcement, advocates for marginalized and racialized communities, and spokespersons for victims’ rights. A ‘What We Heard’ report was finalized in June 2022. The information gathered throughout both initiatives will play a valuable role in Public Safety’s continued efforts to advance reforms to the Record Suspension Program.

Although the initiatives highlighted above have had a positive impact, Public Safety recognizes there is much work left to be done to reduce the barriers those with a criminal record continue to face on a daily basis. The Government remains committed to pursuing the best way forward to continue advancing reforms to the Record Suspension Program, and looks forward to working closely with partners at all levels to help ensure the program is fair, accessible, and supports reintegration.

To help address these issues, the Minister of Public Safety tabled the Federal Framework to Reduce Recidivism in Parliament on June 22, 2022. It identifies crucial factors that impact why people reoffend and how to support safe and successful reintegration into the community. The Framework, developed in consultation with a diverse array of stakeholders, outlined five priority themes key to the successful reintegration of individuals and to community safety including: housing, education, employment, health, and positive support networks. Additionally, the Framework highlighted the need to address the overrepresentation of Indigenous Peoples, Black Canadians, and other marginalized groups in Canada's criminal justice system.

To support the Framework, a federal Implementation Plan was shared on the Public Safety website on November 15, 2023. The Plan looks to federal programs and processes, primarily within the Public Safety portfolio, to identify actions that will support individuals that are reintegrating in the community, including accessing housing, supporting individuals in finding employment and in building positive connections in the community.

Open for signature
February 28, 2023, at 1:21 p.m. (EDT)
Closed for signature
April 29, 2023, at 1:21 p.m. (EDT)
Presented to the House of Commons
Yasir Naqvi (Ottawa Centre)
December 7, 2023 (Petition No. 441-01986)
Government response tabled
January 29, 2024
Photo - Yasir Naqvi
Ottawa Centre
Liberal Caucus
Ontario