Giving Victims and Communities a Voice

An approach being considered for dealing with the Stanley Cup rioters is one that represents viewing conflict as an opportunity for a community to learn and grow, operating on the premise that conflict, even criminal conflict, inflicts harm. Individuals must accept responsibility for repairing that harm. Communities – family, peers, professionals – are empowered to choose their response to conflict: Victims, offenders, and communities actively participate in devising and implementing mutually beneficial solutions.

This restorative justice approach has the accused meet with the person the crime impacted, apologize, and then both sides work out a punishment. Restorative justice is designed to put more focus on the victim who, in the conventional court process, doesn’t get a voice beyond making a victim impact statement. Victims are basically excluded in the legal process, except as witnesses. The community doesn’t have a place within the criminal justice process. Through restorative justice, victims get a clear voice. The focus is on victim needs, offender responsibility, and community building.

In October, the Vancouver Police Department recommended 163 charges against 60 individuals suspected of taking part in the Stanley Cup riot. At this time, more than 60 charges have been laid against 25 people, and the VPD is finalizing the next batch of charges to be forwarded to the Crown in the coming weeks. As for the rest of the suspected rioters, evidence is still being reviewed.

All well and good – or is it? Some people are skeptical as to the type of punishment that will ultimately be handed down. Will many rioters simply be given a slap on the wrist; will some actually do jail time; how much probation will be meted out? And what good will any type of punishment actually accomplish?

To set the record straight, so to speak, restorative justice is not soft on crime. Far greater creativity exists in restorative justice in determining what needs to happen to make amends, set things right. The approach has been used successfully with all kinds of conflict, including serious crimes like assault and murder.

Canada was the first nation to offer a victim/offender reconciliation program, initiated by the Mennonite Community in Kitchener, Ontario. Viewed world-wide as having experts in the field of violent-offence (post-incarceration) mediation, Canada has also been on the leading edge of adopting the Aboriginal concept of circle remedies, now an integral part of progressive programming in the federal justice system.

We will continue to see offenders acquiring criminal records, but with restorative justice, conflicts will be resolved in a way that restores harmony in the community members’ relationships and allow people to continue to live together in a safer, healthy environment.

And anyone with a criminal record who sincerely wishes to make a new start can do so by obtaining a record suspension to remove that criminal record. Pardon Services Canada will handle the entire process, assuring you of results. Call 1-8-NOW-PARDON (1-866-972-7366) to speak with a Client Specialist.

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.

 

Changes to the Canadian Pardon – Get Your Pardon, Before It’s Too Late

 A Canadian Pardon will soon become “Record Suspension”. This change, along with tougher restrictions and a four-fold increase in the price of a pardon are coming. Apply now, or it may be too late.

A Change in Name

                One of the changes proposed by the new government is aesthetic. What is currently known as a Canadian Pardon will be changed to Record Suspension. This name change will not have any effect on people who currently have a Canadian pardon. Furthermore, the change will not have an effect on what a pardon, soon to be record suspension, actually accomplishes. The criminal record will continue to be sealed and made hidden from background checks conducted by future or current employers, volunteer organizations or the U.S. Department of Homeland Security. The change in name is meant to reflect the tough on crime stance of the Conservative government and is backed up by a higher price and new restrictions.

A Change in Price

                The current fee charged by the National Parole Board for processing and reviewing a Pardon Application is $150. Under the new legislation, the fee will be increased to $631. The fee increase seeks to take the financial burden of the application process away from the tax-payer and onto the applicant.

New Restrictions

                The new legislation will also make it more difficult, or in some cases, impossible to apply for a Canadian Pardon.

o   The applicant must not have been convicted of an offence involving sexual activity relating to a minor – as set out in a schedule of specified offences – unless the applicant can demonstrate s/he was “close in age” and that the offence did not involve a position of trust/authority, bodily harm or threat of violence/intimidation;

o   The applicant must not have been convicted of more than three (3) offences prosecuted by indictment.

o   The National Parole Board be granted “absolute discretion” to “order, refuse to order, or revoke” a record suspension

o   The waiting periods be extended from three to five years for summary offences and from five to ten years for indictable offences.

What to Do

                For most Canadians with a criminal record the main effect will be the substantial change in price given in Bill C-23b. Without professional paralegal help the pardon process can be expensive, extremely time consuming and repetitive given high rejection and error rates. With the new restrictions and increased price, the process is becoming even more difficult.

                There are professional experts in the field of Canadian Pardons who are able to help get you your pardon before it’s too late. With affordable rates and available financing from a trusted service provider a clear record is available. Don’t wait until it is too late. Get your Canadian pardon today.

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.