Sweeping Omnibus Crime Bill Includes Controversial Measures

Bill C-10, the Conservative government’s omnibus crime legislation, the Safe Streets and Communities Act, blends nine previous bills that did not pass before last spring’s election. Late September’s debate on the bill was limited by the Conservatives at the same time as BC’s top trial judge was raising concerns about its consequences. BC Supreme Court Chief Justice Robert Bauman is concerned in particular about the bill’s plan to put more people in jail for longer.


 
Justice Bauman feels it will certainly put a strain on his court from the point of view of a manpower issue as well as on Corrections Canada and on the corrections in British Columbia actually housing these people. Given that judges rarely comment on political issues, and that controversy is raging over the crime bill, the Chief Justice was remarkably candid. He emphasized the views of correctional officers who insist jails and prisons are already overcrowded.

 
These comments are further evidence of the growing concern that more discussion, not less, is needed on these controversial measures. The ability of MPs to review and scrutinize the contents of this bill has been severely curtailed unjustifiably. Stiffer sentencing measures ignore the best evidence on public safety, crime prevention, and corrections. As well, no clear cost estimate has been provided for this punishment-oriented approach, which will cost taxpayers billions in correctional spending because of the vast increase in mandatory sentencing.

 
Another regressive step is the proposed changes for eligibility requirements for pardons. Under current legislation, the duration of the waiting period prior to your being eligible to submit your application for a pardon to the Parole Board of Canada depends on the nature of the offense, as follows:

 
  • A summary non-sexual offense carries a 3-year waiting period.
  • An indictable non-sexual offense or a summary sexual offense carries a 5-year waiting period.
  • An indictable sexual offense or a personal injury offense, for which a sentence of 2 or more years was imposed, carries a 10-year waiting period.

 
This waiting period begins when your sentence has been completely fulfilled, and only when the waiting period has elapsed will the Parole Board of Canada accept your application. Bill C-23B currently before Parliament would make significant changes to these eligibility waiting periods, resulting in substantially longer eligibility waiting periods for prospective pardon applicants.

 
Under the proposed new legislation, the waiting period prior to eligibility would be extended to the following:

 
  • A summary offense would carry a 5-year waiting period.
  • An indictable offense would carry a 10-year waiting period.

 
Additionally, the new legislation extends the criteria that would render an applicant permanently ineligible for a pardon. Permanent ineligibility would apply to anyone:

 
  • Who was convicted of any offense listed in Schedule 1 of the Criminal Records Act - broadly speaking, Schedule 1 of the Criminal Records Act consists of sexual offenses
  • Who was convicted of more than 3 indictable offenses each carrying a sentence of two or more years

 
What this means for anyone interested in applying for a pardon is that the time to act is now. Any applications acknowledged and accepted by the Parole Board of Canada prior to the new legislation passing will be governed by the current laws. What is still unknown is exactly if and when the new legislation will take effect. The new legislation is currently before Parliament, but the timelines for passage and what the final version will look like remain to be seen.

 

Move to Quadruple Pardon Application Fees Provokes Backlash

The Conservative government wants to quadruple the cost of applying for a pardon, increasing the cost from the current $150 to $631. Critics say this will have many negative consequences. Last spring’s public consultation process overwhelmingly rejected the fee increase. A report on the consultations was released mid-August.


An impressive body of discerning groups, including prison advocates, church groups, criminologists, psychologists, and the Canadian Bar Association are greatly disturbed at the prospect. As well, among 14 government bodies that felt the increase would prove prohibitive were the RCMP, the Canada Border Services Agency, Citizenship and Immigration, the Justice Department, and Public Safety Canada.

More than 98 percent of the 1,074 individuals and organizations who responded in the public consultations objected to the fee increase. The three-member independent advisory panel used the public and internal government responses to advise Public Safety to keep the fees at $150, but this recommendation has been rejected.

A summary of the common responses provided by government agencies states that such a large fee increase for applicants would pose a financial burden and serve as an impediment for many potential applicants attempting to reintegrate into society.

Ontario Conservative Senator Bob Runciman is urging the government to reconsider its proposal to quadruple the fees for seeking a criminal pardon, saying that he thinks that there’s an inherent unfairness in the approach the National Parole Board is taking.

Thousands of Canadians apply for pardons for such necessities as employment opportunities, security clearances, rental requirements, volunteering, and adoption. Runciman feels that the Board should consider the complexity of each case when calculating fees. For example, processing a pardon for shoplifting is less complicated than for someone convicted of arson.

The Parole Board’s director for clemency and pardons, Denis Ladouceur, testified about the process to a group of senators studying the fee increase. He explained that for an indictable offence the act compels his staff to do more exhaustive verifications.

Senator Runciman has suggested a tiered approach, based on the level of the crime committed. The Liberal public safety critic is open to the idea, whereas the NDP’s justice critic opposes any fee increase.

A pardon doesn’t erase a conviction, but it does allow people who have completed their sentences and shown that they are law-abiding to have their criminal record kept separate and apart from other criminal records.

If you are interested in starting the Pardon process, the time to act is now. While there is still uncertainty regarding if and when the new legislation will become law, what is certain is that the sooner you begin the process, the better your chances of having your application governed by the current legislation.

Waiting Period Prior to Pardon Eligibility Subject to Change

Under current legislation, the duration of the waiting period prior to your being eligible to submit your application for a pardon to the Parole Board of Canada depends on the nature of the offense, as follows:


 
  • A summary non-sexual offense carries a 3-year waiting period.
  • An indictable non-sexual offense or a summary sexual offense carries a 5-year waiting period.
  • An indictable sexual offense or a personal injury offense, for which a sentence of 2 or more years was imposed, carries a 10-year waiting period.

 
This waiting period begins when your sentence has been completely fulfilled, and only when the waiting period has elapsed will the Parole Board of Canada accept your application. Bill C-23B currently before Parliament would make significant changes to these eligibility waiting periods, resulting in substantially longer eligibility waiting periods for prospective pardon applicants.

 
Under the proposed new legislation, the waiting period prior to eligibility would be extended to the following:

 
  • A summary offense would carry a 5-year waiting period.
  • An indictable offense would carry a 10-year waiting period.

 
Additionally, the new legislation extends the criteria that would render an applicant permanently ineligible for a pardon. Permanent ineligibility would apply to anyone:

 
  • Who was convicted of any offense listed in Schedule 1 of the Criminal Records Act - broadly speaking, Schedule 1 of the Criminal Records Act consists of sexual offenses
  • Who was convicted of more than 3 indictable offenses each carrying a sentence of two or more years

 
So what does this mean to you? It depends on how far into the Pardon process you are. Any applications acknowledged and accepted by the Parole Board of Canada prior to the new legislation passing will be governed by the current laws. What is still unknown is exactly if and when the new legislation will take effect. The new legislation is currently before Parliament, but the timelines for passage and what the final version will look like remain to be seen.

 
If you are interested in starting the Pardon process, the time to act is now. While there is still uncertainty regarding if and when the new legislation will become law, what is certain is that the sooner you begin the process, the better your chances of having your application governed by the current legislation.

 

Restorative Justice Deserves Greater Consideration

Restorative justice emphasizes repairing the harm caused by crime. When victims, offenders, and community members meet to decide how to do that, the results can be transformational. It is viewed as a process that improves upon the traditional criminal justice in that it has significant benefits:

• Rather than defining crime only as lawbreaking, it recognizes that offenders harm victims, communities, and even themselves.

• Rather than giving key roles only to government and offender, it includes victims and communities as well.

• Rather than measuring how much punishment has been inflicted, it measures how much harm has been repaired or prevented.

• Rather than leaving the problem of crime to the government alone, it recognizes the importance of community involvement and initiative in responding to and reducing crime.

The concept that true healing after a crime doesn’t necessarily come from harsher punishment but rather from the coming together of criminal and victim, giving them a chance to understand one another and work to repair the harm done.

In theory, this approach has merit, viewed strictly from an objective point of view. But when a victim is given the opportunity to be involved in such a program, the prospect of meeting with the offender could well be daunting. So a better understanding of the process would be helpful and beneficial for anyone concerned with the Federal Government’s Safe Streets and Community Act, Bill C-10.

Three principles form the foundation for restorative justice:

1. Justice requires that we work to restore those who have been injured.

2. Those most directly involved and affected by crime should have the opportunity to participate fully in the response if they wish.

3. Government’s role is to preserve a just public order, and the community is to build and maintain a just peace.

Resources for information on the process, when reviewed, show it to have great potential. Yet, although programs exist across Canada to facilitate such meetings, restorative justice hasn’t become widely accepted. Now some victims’ advocates fear such programs will be used even less often due to the federal government’s tough-on-crime agenda and its emphasis on incarceration. Of particular concern are the mandatory minimum sentences for certain drug and sex offences.

Measures introduced recently in the government’s sweeping omnibus crime bill interfere with judges’ abilities to tailor sentences and consider restorative-justice options. Mandatory minimums do not allow restorative justice to take place.

Understandably, for anyone wanting to get a pardon to clear his record, now is the time to act. Pardon Services Canada assists people in the process. A Client Specialist ensures that all the required forms are created and compiled to support the application. Pardon Services Canada’s pro-active approach ensures that each case is processed expeditiously and applicants are kept informed at each stage of the process.