Under Bill C-66, Canadians convicted of historically unjust LGBTQ2 offences can apply for a total expungement. There is no government fee to apply, and once approved by the Parole Board of Canada, the criminal record is permanently destroyed as if the conviction never occurred.
Understanding Bill C-66 and Historical Expungements
For decades, the Canadian Criminal Code was used to unjustly target and criminalize the LGBTQ2 community. Individuals across the country, from Montreal to Vancouver, were arrested, charged, and convicted simply for engaging in consensual same-sex relationships. Recognizing this profound historical injustice, the federal government passed the Expungement of Historically Unjust Convictions Act (commonly known as Bill C-66).
Unlike a standard Record Suspension (which merely seals a criminal file temporarily), an expungement under Bill C-66 mandates the absolute physical and digital destruction of the criminal record. Once the expungement is granted, the conviction is permanently erased from the RCMP’s databases, federal court records, and local police detachments. 📝 You are legally deemed to have never been convicted of the offence. This legislation serves as both a formal apology and a tangible legal mechanism to clear the names of thousands of Canadians who suffered under discriminatory laws involving “buggery,” “gross indecency,” or the archaic bawdy house provisions.
Step-by-Step Process to Apply for an Expungement
Applying for an expungement requires navigating the Parole Board of Canada (PBC). While the government fee is waived, the applicant bears the burden of proving that their specific historical conviction meets the strict criteria outlined in the legislation.
Step 1: Confirming Your Eligibility
Not every historical charge qualifies. To be eligible, the activity that led to the conviction must have involved consenting adults of the same sex, and the act would not be considered a criminal offence under today’s Canadian law. Specifically, the historical offences covered include gross indecency, buggery, and anal intercourse. Furthermore, the individuals involved must have met the modern legal age of consent (currently 16 years old in Canada, or 18 if there was a relationship of trust or authority) at the time the act occurred.
Step 2: Gathering Court and Police Documentation
This is often the most challenging step, as many of these convictions occurred in the 1960s, 70s, or 80s. You must retrieve certified court records from the provincial courthouse where the conviction took place (for example, the Ontario Court of Justice). These documents must clearly outline the nature of the charge. If the original court records have been purged due to age, you may need to obtain local police records or, in rare cases, sign a sworn legal affidavit explaining the circumstances of the arrest and conviction.
Step 3: Submitting the Application (On Behalf of Self or Deceased)
Once you have gathered the evidence, you will complete the official PBC Expungement Application form. A unique and compassionate feature of Bill C-66 is that it allows family members, trustees, or close associates to apply for an expungement on behalf of a deceased person. 📧 If you are applying for a relative who passed away with this unjust stain on their record, you must provide proof of death (such as a death certificate) and evidence of your relationship to the deceased.
Step 4: Review by the Parole Board and Record Destruction
The application is mailed to the Parole Board of Canada in Ottawa. The PBC does not judge your character or current rehabilitation; they strictly evaluate whether the historical facts of the case meet the criteria for an unjust conviction. If approved, the PBC issues an expungement order directly to the RCMP. The RCMP is then legally mandated to destroy the CPIC record and notify any relevant municipal police forces to destroy their local arrest files as well.
How Much Does it Cost in Canada?
The Canadian government specifically designed this program to eliminate financial barriers for victims of historical discrimination. However, there may still be minor administrative costs related to gathering the required legal proofs.
| Expense Category | Estimated Cost (CAD) | Details |
|---|---|---|
| Parole Board Application Fee | $0 | The federal government fee is entirely waived |
| Court Document Retrieval | $15 – $50 | Varies by provincial courthouse for certified copies |
| Fingerprinting (If Required) | $50 – $100 | Only if the PBC needs to confirm your identity |
| Lawyer / Law Firm Assistance | $800 – $2,000+ | Optional, but helpful for retrieving archived 1970s records |
While you can navigate the process independently, engaging a Canadian criminal law firm can drastically reduce the stress of tracking down decades-old paperwork from archived provincial basements.
How Long Does the Process Take?
Because expungement applications do not require the massive waiting periods (5 or 10 years) associated with standard Record Suspensions, the timeline is considerably faster. Once the Parole Board of Canada receives a fully completed application with all necessary court documents, they typically process the file within 3 to 6 months. If approved, the RCMP requires an additional few weeks to execute the physical and digital destruction of the records across national systems.
Frequently Asked Questions (FAQ)
Is a Bill C-66 expungement a pardon?
No. A pardon (now called a Record Suspension) merely seals the record, and it can be revoked later. An expungement physically destroys the record permanently. Under the law, an expunged conviction legally never happened.
Can I apply if my partner at the time was underage?
No. To qualify for expungement, the act must have been consensual and both parties must have met the modern age of consent (16, or 18 if there was a relationship of authority/trust). If a minor was involved according to today’s laws, the application will be denied.
Will this expungement clear my record for entry into the US?
If US Customs and Border Protection (CBP) previously downloaded your criminal record before it was expunged, they will keep their own copy. You may still need to apply for a US Entry Waiver, though the expungement documents will heavily support your waiver application.
What if the courthouse destroyed my records years ago?
If official court records are no longer available due to standard provincial retention policies, the Parole Board of Canada allows you to submit a sworn legal affidavit declaring the facts of your charge. A lawyer can assist you in drafting this document.
Does Bill C-66 cover cannabis convictions?
No. Bill C-66 strictly covers specific historically unjust LGBTQ2 convictions. Historical cannabis possession is handled under Bill C-93, which offers expedited, fee-free Record Suspensions, but not complete expungements.
Leave a Reply