SOR/2023-29202302

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20232

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EXPUNGEMENT OF HISTORICALLY UNJUST CONVICTIONS ACTOrder Establishing Criteria Related to Certain Offences Listed in the Schedule to the Expungement of Historically Unjust Convictions ActP.C.2023-170202302

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Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 24 of the Expungement of Historically Unjust Convictions Acta, makes the annexed Order Establishing Criteria Related to Certain Offences Listed in the Schedule to the Expungement of Historically Unjust Convictions Act.aS.C. 2018, c. 11Interpretation

Definition of Act1In this Order, Act means the Expungement of Historically Unjust Convictions Act.

Criteria

Offences listed in item 7 of schedule2An application for an expungement order for a conviction in respect of the offences that are listed in item 7 of the schedule to the Act must include evidence that the following criteria are satisfied:(a)the conviction related to the convicted person’s association with a bawdy-house kept for the practice of acts of indecency and not for the purpose of prostitution, where consensual sexual activity was viewed or engaged in; and(b)the person who was convicted did not exchange money for the provision or receipt of sexual services in that bawdy-house.

Offences listed in item 8 of schedule3An application for an expungement order for a conviction in respect of the offences that are listed in item 8 of the schedule to the Act must include evidence that the conviction was related to a bawdy-house kept for the practice of acts of indecency and not for the purpose of prostitution, where consensual sexual activity was viewed or engaged in.

Offences listed in items 9 to 13 of schedule4An application for an expungement order for a conviction in respect of the offences that are listed in items 9 to 13 of the schedule to the Act must include evidence that the following criteria are satisfied:(a)the activity for which the person was convicted took place in a bawdy-house in which acts of indecency are practiced and not a place kept for the purpose of prostitution, where consensual sexual activity was viewed or engaged in; and(b)the person who was convicted did not exchange money for the provision or receipt of sexual services in that bawdy-house.

Offence listed in item 14 of schedule5In the case of a person who has been convicted of the offence of procuring a woman or female person’s miscarriage that is listed in item 14 of the schedule to the Act, if the convicted person used or assisted in the use of the means to procure a miscarriage, the application for an expungement order for that conviction must include evidence that the following criteria are satisfied:(a)the convicted person at the time of the offence was a medical doctor, nurse or midwife; and(b)the convicted person acted with the consent of the woman or female person.

Offence listed in item 14 of schedule6In the case of a person who has been convicted of the offence of procuring a woman or female person’s miscarriage that is listed in item 14 of the schedule to the Act, if the convicted person assisted the woman or female person access the means to procure a miscarriage, the application for an expungement order for that conviction must include evidence that the convicted person acted at the request of the woman or female person.

Offence listed in item 15 of schedule7In the case of a person who has been convicted of the offence of a pregnant woman or female person procuring her own miscarriage that is listed in item 15 of the schedule to the Act, if the convicted person assisted in accessing the means to carry out the miscarriage, the application for an expungement order for that conviction must include evidence that the convicted person acted at the request of the pregnant woman or female person.

Offence listed in item 15 of schedule8In the case of a person who has been convicted of the offence of a pregnant woman or female person procuring her own miscarriage that is listed in item 15 of the schedule to the Act, if the convicted person used the means with the intention of procuring her own miscarriage, the application for an expungement order for that conviction must include evidence that the convicted person was the pregnant woman or female person.

Offence listed in item 17 of schedule9In the case of a person who has been convicted of the offence of supplying or procuring a drug or other noxious thing, instrument or thing for the purpose of procuring a miscarriage of a woman or female person that is listed in item 17 of the schedule to the Act, if the convicted person was acting in the capacity of a medical doctor, nurse or midwife, the application for an expungement order for that conviction must include evidence that the following criteria are satisfied:(a)the convicted person was at the time of the offence a medical doctor, nurse or midwife; and(b)the convicted person acted with the consent of the woman or female person.

Offence listed in item 17 of schedule10In the case of a person who has been convicted of the offence of supplying or procuring a drug or other noxious thing, instrument or thing for the purpose of procuring a miscarriage of a woman or female person that is listed in item 17 of the schedule to the Act, if the convicted person assisted the woman or female person procure the drug or other noxious thing, instrument or thing knowing that it was intended to be used to procure a miscarriage, the application for an expungement order for a conviction in respect of must include evidence that the convicted person acted at the request of the woman or female person.

Offence listed in item 17 of schedule11In the case of a person who has been convicted of the offence of supplying or procuring a drug or other noxious thing, an instrument or thing for the purpose of procuring the miscarriage of a woman or female person that is listed in item 17 of the schedule to the Act, if the convicted person procured the drug or other noxious thing, the instrument or thing knowing that it was intended to be used to procure her own miscarriage, the application for an expungement order must include evidence that the convicted person was the woman or female person .

Offence listed in item 18 of schedule12An application for an expungement order for a conviction in respect of an offence that is listed in item 18 of the schedule to the Act must include evidence that any of the criteria set out in sections 2 to 11 that apply to the offence are satisfied.

Coming into Force

Registration13This Order comes into force on the day on which it is registered.