Government misses deadline to seal cannabis possession records for thousands of Canadians

The Canadian government has failed to meet a legislated deadline for the full implementation of a program aimed at helping Canadians with cannabis possession records. Despite the legalization of recreational cannabis in 2018, individuals with such records may still face challenges in obtaining employment or traveling abroad.

The Liberal government initially introduced an expedited pardon program to pardon Canadians convicted of simple possession. However, the program saw limited uptake, with some individuals facing logistical hurdles in their applications. In response to these concerns, the government adopted an NDP amendment to Bill C-5, a criminal justice reform legislation, which would automatically “sequester” possession records, preventing them from showing up on criminal background checks.

Under Bill C-5, the government was given two years to sequester all possession records across the country. However, the November deadline has passed, and the work of sequestering records is still ongoing, according to Public Safety Canada. The department stated that the Royal Canadian Mounted Police (RCMP) is manually validating and setting aside records, which requires extensive research and effort.

Criminal defense lawyer Annamaria Enenajor expressed little surprise at the missed deadline, citing the complexity of coordinating efforts among various levels of government and law enforcement agencies. She emphasized that the process of sequestering records involves different filing systems, some digital and others paper-based, requiring significant time and resources.

Andrew Tanenbaum, director of Pardons Canada, noted bureaucratic hurdles in coordinating records between local police and the RCMP. He suggested that sequestering records may not be a high priority for the government at present.

Public Safety Minister Dominic LeBlanc issued a ministerial directive to the RCMP a month before the deadline, instructing them not to disclose simple possession offenses in background checks unless required by law. The NDP criticized the Liberals for failing to uphold their promise, while Enenajor suggested that the directive may not be a permanent solution.

The Conservative Party, leading in the polls, has called on the government to reverse some provisions in Bill C-5. It remains unclear whether a Conservative government would maintain the sequestration portion of the bill. The ongoing delays in sequestering possession records highlight the challenges of implementing criminal justice reforms at a national level.