Honourable senators, I rise today to read a speech on behalf of Senator Wanda Bernard calling for an urgent report stage vote on Bill S-212, An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation.

Before I begin, I wish to acknowledge that we are on the unceded, unsurrendered Algonquin Anishinaabe territory. Senator Bernard writes as follows:

This legislation would implement automated expiry of criminal records, allowing records to expire without a person having to pay a fee or make an application after a certain number of crime-free years.

This bill is key to addressing injustices that make the criminal record system inequitable and inaccessible, particularly for those who face structural barriers such as racism, poverty and ableism.

It has been nearly seven months since the Standing Senate Committee on Legal and Constitutional Affairs studied and endorsed this bill. Meanwhile, some of the most marginalized and vulnerable Canadians are impacted by our inaction as they struggle daily to find meaningful employment, stable housing and other relief from unjust and unnecessary barriers to community re-entry and integration.

At committee, many witnesses emphasized the disproportionate impact of criminalization on Black and Indigenous communities and the consequential potential of the automated record expiry posed by Bill S-212.

The Canadian Association of Black Lawyers emphasized that the challenge we face as a community is much more on the over-surveillance and over-policing of Black bodies that lead to these criminal records that follow you throughout your life.

The Federal Ombudsperson for Victims of Crime noted that:

Criminal records disproportionately affect racialized people in Canada, specifically people who are Indigenous or Black. Already, these groups are over-incarcerated, and criminal records extend the continuum of criminalization into their communities as they try to reintegrate. This introduces barriers to employment, housing and education, reinforcing the circumstances that contribute to victimization. . . .

The victims’ ombudsperson was just one of the numerous witnesses to highlight that in terms of upholding public safety. All of us benefit from safer, stronger and more inclusive communities when people leaving prison are able to successfully re-enter society.

As a result of the committee process, Bill S-212 was amended at the request of Senator Pate and in response to concerns raised by some police witnesses to ensure that police continue to have access to expired records for investigative purposes. The amended bill requires the government to establish regulations that govern the use that police can make of expired records.

Preparing to vote on the committee’s report, I wish to highlight — as the Canadian Association of Black Lawyers did at committee — the importance of clearly defining and drawing the line between legitimate investigative purposes and racial profiling.

At second reading, I shared the story of a Black man I know whose image was actively being shown in a lineup, even though this was years after a crime he had committed in his youth — a crime that he had served time for and had moved on from. He could be brought in as a suspect for a future crime to which he had absolutely no connection, putting him at risk of further stigma and charges.

Black men in Halifax are already 9.2 times more likely to be stopped in a street check than the rest of the population. What if this man is pulled over and the police officer recognizes him as one of the men in the lineup and already has decided he must be guilty of a crime? Scenarios like this may seem hypothetical but are, unfortunately, all too familiar for Black men in this country.

Honourable senators, implementing automated record expiry is the bare minimum we can do to ensure equitable treatment of marginalized people — in particular, for Indigenous, Black and racialized communities. This bill will make a difference for those struggling to access housing, jobs, education and volunteer work as they move on from a record. It is time to move forward with this bill. Thank you. Asante.