Canada Criminal Records Act is a comprehensive law on persons having a criminal conviction. It is one of the most powerful legislation ever made in Canada and any violation thereof can lead to heavy penalties like suspension of license, fines, and imprisonment. The Criminal Record Suspension in Canada Act covers all criminal conviction records and proceedings and records of arrest, court supervision, and release or probation. It is a very strict law and is there to protect Canadian citizens.
Canada Criminal Records Act covers various criminal offenses like:
- assault and theft,
- sex offenses,
- break and enter,
- human trafficking,
- accessory after the theft,
- housebreaking, and many more.
A person who has one or more of these criminal offenses in his background is prohibited by law from traveling outside the country for one’s personal safety. A person who has one or more criminal offenses and is traveling outside Canada is also not permitted to work in Canada. Such people are also not allowed to apply for a Canadian passport.
The criminal record of a person does not only include his criminal conviction but also his history like prior bad activities. The purpose of this clause is to check the potential risk in traveling abroad once one has a criminal record. The law has established that a person cannot be denied entry to another country based on his past criminal record. The applicant may be required to undergo an interview and provide proof that he will not face violence or abuse while traveling outside Canada.
Criminal Record Suspension Act
The Criminal Record Suspension in Canada Act also forbids employers to hire someone with a criminal record or to give work permits to those with a criminal record. The employers and the workers have to go through an interview together wherein the employer may ask questions related to the person’s travel history, past employment, any instances when the person has been convicted for criminal offenses and others. The criminal record of the applicant cannot be used to discriminate against him. The same goes with the running of companies and organizations.
Criminal Records & Pardon Applications
Applicants can have a criminal record only if they had previously broken federal or provincial laws. The violation must have happened in Canada and must be within ten years of the date of this application. Any crime that happened outside Canada also need not necessarily be reported to the Canadian authorities anymore. The only cases where criminal record suspension in Canada is necessary is when the applicant is convicted for offenses that are covered by the Canadian laws. The applicant may have a criminal record and yet be eligible for a work permit.
When applying for a Canadian passport, applicants are not required to undergo criminal record screening anymore. This is because Canada no longer needs to enforce its legislation to prevent racial and other discrimination. Moreover, it is not necessary anymore to screen out immigrants who may have criminal records as long as they are able to satisfy the country’s immigration requirements. Therefore, anyone who has obtained a Canadian visa will not need to submit their criminal records to Canadian authorities anymore.
In some provinces, there are still some instances when the criminal record of the immigrant will be accessed if he has not complied with the stipulated Canadian laws. However, this is usually done only after the immigrant has served his or her time in jail or is found guilty of serious crimes like felonies. However, most provinces nowadays allow the use of criminal record information only when the applicant is facing charges for breaking Canada’s immigration laws. Criminal record suspension in Canada also aims to protect the public from dangerous people who may be potentially dangerous to Canadian society. It is also important to consider the social values that other countries may also have to apply for a visa or citizenship.
As the information on criminal record searches is now freely available online, most immigrants who would want to immigrate do so without making a formal request anymore. Immigrants who are already self-employed would find it easier to apply for a social program to obtain access to Canada’s social security and other benefits. If you plan to study in Canada, make sure to submit your documents as early as possible, especially if you are planning to obtain a social program to access Canadian criminal records or submit a pardon application through pardonapplications.ca. Otherwise, you could risk having your application delayed and your chance of obtaining Canadian citizenship revoked.