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Expungement of Historically Unjust Convictions Act (S.C. 2018, c. 11)

Assented to 2018-06-21

Criteria

Marginal note:Order

24 The Governor in Council may, by order, establish the criteria related to an offence listed in the schedule that must be satisfied for expungement of a conviction to be ordered.

Same-Sex Sexual Offences

Marginal note:Offences listed in items 1 to 6 of schedule

25 An application for an expungement order for a conviction in respect of the offences listed in items 1 to 6 of the schedule must include evidence that the following criteria are satisfied:

  • (a) the activity for which the person was convicted was between persons of the same sex;

  • (b) the persons other than the person who was convicted had given their consent to participate in the activity; and

  • (c) the persons who participated in the activity were 16 years of age or older at the time the activity occurred or the person who was convicted would have been able to rely on a defence under section 150.1 of the Criminal Code, had that defence been available in respect of the offence.

Marginal note:Interpretation

26 For the purposes of section 25, consent means the voluntary agreement of the persons to engage in the sexual activity in question, within the meaning of section 273.1 of the Criminal Code.

Related Amendments

R.S., c. 46Criminal Code

Marginal note:R.S., c. 27 (1st Supp.), s. 5(4), c. 30 (3rd Supp.), s. 1(3)(F)

27 Subsection 7(6) of the Criminal Code is replaced by the following:

  • Marginal note:If previously tried outside Canada

    (6) If a person is alleged to have committed an act or omission that is an offence by virtue of this section and that person has been tried and dealt with outside Canada in respect of the offence in such a manner that, if that person had been tried and dealt with in Canada, they would be able to plead autrefois acquit,autrefois convict, pardon or an expungement order under the Expungement of Historically Unjust Convictions Act, that person shall be deemed to have been so tried and dealt with in Canada.

Marginal note:R.S., c. 27 (1st Supp.), s. 61(4)

28 Subsection 465(7) of the Act is replaced by the following:

  • Marginal note:If previously tried outside Canada

    (7) If a person is alleged to have conspired to do anything that is an offence by virtue of subsection (3) or (4) and that person has been tried and dealt with outside Canada in respect of the offence in such a manner that, if the person had been tried and dealt with in Canada, they would be able to plead autrefois acquit, autrefois convict, pardon or an expungement order under the Expungement of Historically Unjust Convictions Act, the person shall be deemed to have been so tried and dealt with in Canada.

  • 29 (1) Subsection 607(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

    • (d) an expungement order under the Expungement of Historically Unjust Convictions Act.

  • (2) Subsection 607(3) of the Act is replaced by the following:

    • Marginal note:Disposal

      (3) The pleas of autrefois acquit, autrefois convict, pardon and an expungement order under the Expungement of Historically Unjust Convictions Act shall be disposed of by the judge without a jury before the accused is called on to plead further.

2004, c. 10Sex Offender Information Registration Act

Marginal note:2007, c. 5, s. 46

  • 30 (1) Paragraph 15(2)(a) of the Sex Offender Information Registration Act is replaced by the following:

    • (a) the person who is subject to the order is finally acquitted of every offence in connection with which the order was made or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for every such offence or is the subject of an expungement order under the Expungement of Historically Unjust Convictions Act for every such offence; or

  • Marginal note:2007, c. 5, s. 46

    (2) Paragraph 15(3)(a) of the Act is replaced by the following:

    • (a) the person who is subject to the obligation is finally acquitted of every offence to which it relates or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for every such offence or is the subject of an expungement order under the Expungement of Historically Unjust Convictions Act for every such offence;

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