Honourable senators, Bill S-212, An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation, would implement the system of an automated criminal record expiry to help remove barriers to jobs, housing and other supports necessary for successful integration into the community.

The Legal Committee worked hard on its study of this bill. We heard from 29 witnesses over the course of eight meetings and five months. A meaningful and comprehensive review resulted in an amendment moved by Senator Pate to address concerns from some police services about maintaining access to expired records during an investigation.

I want to emphasize that the committee heard from those who have lived experiences of victimization, criminalization and the effects of criminal records, as well as their advocates. Notably, I would like to share the story of PhD candidate Rachel Fayter, who served a five-year sentence in federal prison. Despite completing her sentence and parole without any violations, Ms. Fayter faced persistent barriers to housing, employment and travel outside of Canada. After months of seeking employment, Ms. Fayter was forced to work two jobs, taking an immense toll on her physical and mental health. Additionally, she explained how a criminal record made her repeatedly susceptible to police harassment.

As many other witnesses reminded us, Black and Indigenous people have disproportionately experienced the injustices of the inequalities associated with the current criminal record system. The Federal Ombudsperson for Victims of Crime was among the witnesses who explained that criminal records are a vicious circle. Prisons are filled with some of the most marginalized and impoverished in Canada. For too many, the situation giving rise to their criminalization and incarceration is closely linked to systemic inequality and lack of access to health care, mental health care, housing, legal services and countless other supports.

For these individuals, every other system has failed — the ones allowed to fall through the cracks are the ones expected to find the legal and financial resources to navigate a punitively complex criminal record suspension system. When they cannot, criminal record checks become an additional barrier to integration. The vicious circle continues, particularly for those experiencing systemic discrimination, including Black, Indigenous and racialized people, as well as women, those with disabilities and those living in poverty on the streets.

Honourable senators, no one benefits if people are abandoned instead of supported in finding opportunities to move on from their convictions in order to contribute to their communities.

Bill S-212 will increase public safety and prevent further victimization. At committee, the government stated that it:

. . . would like to move forward with . . . an automatic sequestering of criminal records system, as soon as possible.

Bill S-212 will help them do this.

Dating back to public consultations in 2017, the government had received feedback —

Honourable senators, dating back to public consultations in 2017, the government had received feedback from the public demonstrating strong support for automated record expiry. Bill C-5, passed in 2022, requires the government to implement automated record expiry for drug possession convictions by November 2024. However, the government provided community groups with $18 million to help people navigate application processes that we know to be unjust, instead of implementing automated solutions.

I will share the testimony of Samantha McAleese, Adjunct Research Professor in the Department of Sociology at Carleton University, who recounted her experience on the front lines at the John Howard Society of Ottawa. Namely, she supported a woman named Sabrina in successfully receiving a pardon, enabling her to complete her field placement and training to become a nurse. Sabrina expressed that individuals should not be indefinitely condemned for past mistakes; rather, they should be supported in trying to build a better life.

Her statement highlights the structure of violence faced by those with criminal records, which is made worse by bureaucratic hurdles of record-suspension application processes.

Senators, I would like us to reflect. We are a very small country. From the statistics I’ve read, 1 in 10 people have some kind of criminal record, which means that 1 in 10 people in a very small country are not completely able to be productive. They are not able to get the jobs they deserve. Is that the country we want? I suggest we don’t.

Honourable senators, we have a duty to act specifically to represent members of marginalized groups, including those who have waited far too long for a just records system. Bill S-212 is not simply a step toward justice; it is a necessary means to breaking the cycle of marginalization and supporting the reintegration of individuals into society.

Thank you very much, senators.