Thanks to Yossi Schochet for this:
Fells, [2003] O.J. No. 1392 (SCJ, Kruzick J.:
14 I turn now to the question whether a criminal record attaches to a conditional discharge? In 1972 the Criminal Code was amended to provide for the imposition of conditional and absolute discharges. The original intention of the amendments was to alleviate the harsh consequences of a criminal record in cases where the transgression was minor in nature. Parliament has, in fact, empowered the courts with the sentencing option to relieve an accused from the stigma of a criminal record as prescribed in s. 730 of the Code. As a result, I agree with the Crown that technically there is no criminal record.
15 However, when one considers the Criminal Records Act, which provides for the retention of records of discharges, such as the one before me, records of the discharge are maintained. Section 6.1 prohibits the disclosure of the existence of conditional discharge on a person's record if more than three years have elapsed since its imposition or one year if the person was discharged absolutely. The Act further requires that all references to a discharge be purged from the automated criminal records retrieval system (CPIC) maintained by the RCMP on expiration of the above noted time periods. Counsel for the Appellant submits that this section does not apply to the provincial or local authorities.
16 In an annotation to R. v. Derksen (1972), 20 C.R.N.S. 129 (B.C. Prov. Ct.), Swabey J. comments that the net effect of the Criminal Records Act, defeats the very purpose of the Court's power and the reason for granting the discharge. While I do not agree entirely, the result is that some form of record is maintained and is accessible relating to the offence.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
www.jmortonmusings.blogspot.com
4 comments:
That's the law for you. Something that is not supposed to result in a criminal record, in fact results in a criminal record.
...and jeopardizes educational, occupational, and travel opportunities as well. Not exactly the lenient response it's made up to be, hmmm?
I note that the information comes from Mr. Yossi Schochet, who is a well known brilliant criminal defence lawyer. I think Yossi Schochet should become appointed as a judge in the Ontario courts. He is head and shoulders above all the legal experts that I know. Yossi Schochet belongs on the Court of Appeal of Ontario!
Currently, the Government of Canada seems to be propagating society’s fear of the criminally accused.
US Waivers For Canadians
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