Record Suspension Application (Applicant) - Schedule 1 Exception - s.4(3) Pathway

Counsel first confirms the client's conviction is a Schedule 1 offence. Counsel then assesses whether the three s 4(3) elements are provable on the evidence: (1) the applicant was not in a position of trust or authority toward the victim and the victim was not in a relationship of dependency with the applicant, (2) the applicant did not use, threaten to use, or attempt to use violence, intimidation, or coercion toward the victim, and (3) the applicant was less than 5 years older than the victim at the time of the offence. Counsel obtains original court transcripts, police reports, and the sentencing judge's reasons to substantiate each element, then completes the Schedule 1 Exception Form and assembles the evidence package.

Criminal Records Act RSC 1985 c C-47 - s 4(3) (exception to Schedule 1 bar - three cumulative criteria), Schedule 1 (designated sexual offences against minors). The Schedule 1 Exception Form must be completed and submitted with the main application package. If the court records required to prove the three criteria are lost or ambiguous, the exception cannot be verified and the absolute bar remains in force.

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