Legal Project Management Plan & Checklist
Use this fork when the client's only conviction is for simple possession of cannabis under the former Controlled Drugs and Substances Act, now captured under Schedule 3 of the Criminal Records Act. Schedule 3 cannabis offences attract immediate eligibility for a record suspension upon completion of all sentence components, with outstanding cannabis-only fines and surcharges not delaying eligibility. This fork also covers the automatic sealing pathway for CDSA simple possession convictions, which requires no application at all in many cases.
Federal - administered by the Parole Board of Canada under Schedule 3 of the Criminal Records Act RSC 1985 c C-47 and the Controlled Drugs and Substances Act. No waiting period applies beyond sentence completion.
Counsel first confirms that the conviction is for simple possession of cannabis only and that it falls within Schedule 3 of the Criminal Records Act. Counsel then determines whether automatic RCMP sealing applies: if the conviction occurred before November 17 2022, it was automatically sealed within 2 years of that date; if after November 17 2022, it is sealed 2 years from conviction or sentence expiry, whichever is later. If the record has already been automatically sealed, no application is needed and counsel advises the client accordingly. If the record has not yet been sealed, counsel proceeds with the standard application package noting the Schedule 3 immediate eligibility - there is no waiting period beyond sentence completion and no cannabis-only financial penalty needs to be cleared.
Criminal Records Act RSC 1985 c C-47 - Schedule 3 (cannabis simple possession offences - immediate eligibility upon sentence completion). Controlled Drugs and Substances Act SC 1996 c 19 - cannabis simple possession provisions (now Schedule 3 offences). Automatic sealing: convictions before November 17 2022 sealed within 2 years of that date by the RCMP; convictions on or after November 17 2022 sealed 2 years after conviction or sentence expiry (whichever is later). No processing fee applies if the record has already been automatically sealed. Outstanding cannabis-only fines and surcharges do not delay Schedule 3 eligibility.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Record Suspension Application (Applicant) - Cannabis Act Simple Possession - Schedule 3 Immediate Eligibility matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Administrative Filing process. Utilize these tracking templates to manage your legal cases efficiently.
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