Conservative Government Proposes Pardon Application User Fee Increase

Numerous complaints have been expressed about the Conservative government’s proposal to increase the user fee for pardon applications. The proposed increase is viewed as dramatic and prohibitive, stemming “from a purely economic logic without regard for the needs of pardon applicants or the community.” As well, “it would discourage people with a criminal record from applying,” and “will only result in pardons becoming more inaccessible to a majority of those with records, especially women who will be unable to afford to apply.” “Criminals who could not afford to apply … would be shut out from employment and education opportunities.”


The $50 user fee for the processing of a pardon application was officially increased to $150 on December 29, 2010. Then, the Government of Canada announced its intent on February 2, 2011, to have pardon applicants assume the administrative costs of processing a pardon application, which would increase the current user fee to $631. The proposed increase is based on a cost-recovery approach. The Parole Board of Canada held an online consultation in February to seek feedback from Canadians on the increase. Of the 1,086 responses received, only 12 were supportive.

The most common reasons expressed in support of the increase:

1. A person who commits a crime should be responsible for the fees associated with processing their pardon; and
2. Pardons should not be subsidized by hardworking law-abiding citizens/taxpayers.

The most common reasons expressed in opposition:

1. It would pose a financial burden for applicants, with many unable to pay the increased fee;
2. It would make it difficult or impossible for people to apply for a pardon who need one to help them obtain employment or pursue their education; and
3. It amounted to further punishment to that already imposed by the court.

Even an Independent Advisory Panel that reviewed the complaints about the proposal said “it also feared the proposal fee hike would have a punitive effect on many applicants.” Their June report tabled in Parliament mid-August states that those who do not have the means to pay such an amount would be doubly penalized, and recommended the government maintain the $150 fee and instead give the Parole Board more resources.

Public Safety Minister Vic Toews suggests that the fact a number of criminals currently use third party companies to prepare their applications shows some are willing to incur a greater expense in order to obtain a pardon. What should be apparent is the fact that people want to make sure the challenging and somewhat difficult process is done correctly. The current fee is $150; a fee increase of such significant proportions will surely prove prohibitive and detrimental.

Considering that well over 3 million Canadians have criminal records, with 1.5 million being eligible to apply for a pardon, and that the number of those eligible grows by about 60,000 per year, it is apparent that the societal impact is significant. Most of these records resulted from minor offences, many for a lack of better judgment that people are trying to rise above and put behind them. The majority of pardon recipients, over 95%, have not reoffended, proving the fact that people do put the past behind.

Without a pardon, people with a criminal record definitely have difficulty getting employment, finding accommodation, pursuing education, travelling – quite simply, living a normal life. The pardon process helps free offenders from the limitations of having a criminal record, shedding the associated stigma, and moving on with their lives.

Pardon Services Canada assists people who want to obtain a pardon in order to do just that, put the past behind and move on. 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.

The U.S. - The New No-Fly Zone for Record Holders

On March 23, 2011, “Bill C-42: An Act to Amend the Aeronautics Act” received Royal assent and became law in Canada. Prior to passage of the amendment, the Aeronautics Act already permitted airline operators to share passenger data with foreign agencies that govern an international flight’s destination. This new amendment extends this information sharing by allowing the airlines to share passenger data with US transportation authorities for any flight that enters US airspace, even if that flight never touches down on US soil.

So what does this mean for the traveling public in Canada? Practically speaking, it means carriers must comply with the US Secure Flight Program by providing Passenger Name Records (PNRs) to US authorities for passengers ticketed on flights originating in Canada that either enters US airspace or that have an emergency alternate landing site in the US.  The PNRs are provided to US authorities 72 hours in advance of departure for the purpose of screening against the Terrorism Screening Center’s No Fly List prior to boarding. If US authorities deem that a passenger represents a security risk, that passenger will be subject to additional screening and may be denied boarding.

There have already been documented instances of travelers being denied boarding in Canada as a result of this new legislation. Unfortunately there is little that the traveling public can do in advance of departure to ensure they do not run afoul of the new policies. If a passenger has an existing redress number issued by the Department of Homeland Security then providing that information at the time of booking should prevent problems on the day of departure, but for travelers who have never had problems before (and who would therefore not have a redress number), there now exists this additional source of concern that their ability to travel 

domestically or internationally is ultimately at the discretion of the US Government.

Travel Services should inform their clients of this change in regulation and suggest that a criminal record check, a U.S. Entry Waiver or a Canadian Pardon are services and rights that are available to all Canadians. 

The Benefit of Time – The Crime Bill and Harper’s Priorities

While Stephen Harper is preparing to recall Parliament, the anticipated whirlwind session will see a fulfillment of the Conservative’s legislative priorities. The return to the Commons is going to be framed using four broad priorities: the budget’s “low-tax plan for jobs and economic growth” to aid the recovery and their “low-tax plan for families,” including the budget’s tax cuts; legislation to crack down on elder abuse; slaying the deficit; and the omnibus crime bill.

Tabling the omnibus crime bill containing a rewrite of justice laws will fulfill their tough-on-crime agenda. This crime bill will be a bundle of 11 pieces of law-and-order legislation wrapped into one bill that the Conservatives promised to pass within 100 days of taking power.

The 11 justice bills that will comprise the omnibus crime bill would:

• Crack down on organized drug crime
• End house arrest for serious and violent criminals
• End house arrest for serious personal injury offences such as sexual assault
• Eliminate pardons for serious criminals
• Establish tougher sentences and mandatory jail time for sexual offences against children
• Strengthen the handling of violent and repeat young offenders (Sébastien’s Law)
• Give law enforcement and national security agencies up-to-date tools to fight crime in today’s high-tech telecommunications environment
• Give the government more discretion when considering requests to transfer Canadian prisoners to Canada from other countries
• Provide police and the courts more tools to investigate and prevent terrorism
•  Allow victims of terrorism to sue perpetrators and supporters of terrorism in Canadian courts
• Streamline long and complex trials

This pledge has recently been clarified as being 100 sitting days in the Commons. Thus, the crime bill could take until the fall to be made into law. Time then seems to be on their side, so to speak, giving the Conservatives a chance to review all its components and consider the consequences.

The Tories’ “Here for Canada” plan focuses on five key priorities:

• Creating jobs through training, trade and low taxes.
• Supporting families through our Family Tax Cut and more support for seniors and caregivers.
• Eliminating the deficit by 2014-2015 by controlling spending and cutting waste.
• Making our streets safe through new laws to protect children and the elderly.
• Standing on guard for Canada by investing in the development of Canada’s North, cracking down on human smuggling and strengthening the Canadian Armed Forces.

Will Mr. Harper be able to achieve his justice bill pledge, see the crime bill reach fruition in 100 sitting days? Or will the Conservatives, given the benefit of time to consider its ramifications, take a more gradual approach that allows Canadians to understand its impact more fully and to provide input.

Don’t Get Hit by the Omnibus: Pardon Regulation Set to Change

The brigade of campaign buses have been rolled out and the partisan trumpets are blasting party platform from coast to coast. Election time again in Canada. What does this mean for the Canadian Criminal Code and importantly, the issue of Pardons and the Pardoning Process?

                The Conservative Party of Canada, under Stephen Harper, has announced that if elected with enough of the vote, they will pass an all-encompassing crime bill. These are generally known as omnibus bills – bills that contain multiple pieces of legislation that affect various segments of the legal code. This is not a footnote of Conservative Party platform. The Harper government wants to pass this bill within 100 days of the election on May 2^nd.

                Inside the bus is Bill-C23B. This bill has the purpose of giving the National Parole Board of Canada more discretion and power. The bill states “National Parole Board has…exclusive jurisdiction to grant or refuse to grant or to revoke a pardon”. Regardless of the merits of implementing this amendment and others to the Canadian Criminal Code the implication for Canadians remains clear. The process for applying for a pardon – soon to be known as “record suspension” – will become more difficult. Between 2009 and 2010, 7,000 applications to the NPB were rejected because they were incomplete or ineligible. With these amendments that number is bound to rise.

                The large number of Canadians who are living with a criminal record, 13% and climbing, should be aware of the changes that will be coming down the legislative pipeline. There are options, Pardon Services exists to help Canadians successfully navigate the pardon process and arrive ultimately with a granted pardon. This enables Canadians to move forward, travel, receive due promotions and get employed. Pardon Services enables the growth of Canada and Canadians and will continue to do so as criminal legislation changes and moves forward.

                If you are keen to get your pardon before the enactment of these legislations visit the most trusted pardon service provider to get the process started today.