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.

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.

HIRING PRACTICES EXPOSED - Red Carded Before the Game

Increasingly, companies are using criminal record checks in their hiring process before even talking to the applicant. The criminal record check industry has provided a readily available, popular, and inexpensive tool for pre-screening hopeful applicants. This use, now widespread, eliminates all job candidates with criminal records. People with criminal records are routinely being denied any opportunity to establish their job qualifications. Such a “blanket” approach is clearly flawed if not plain wrong; it seems not only unreasonable but also potentially illegal under civil rights laws.

Criminal background checks serve to determine the safety and security risk of candidates for employment or promotion. However, to assume that the existence of a criminal record accurately predicts such risk is illogical. Employers are using these checks as a way of determining character rather than qualification. The best qualified or even well-qualified individuals are being swept aside irrationally. These blanket exclusions provide no opportunity for employers to consider critical information, such as the nature and age of an offence plus its relationship to the job.

Another emerging aspect is the potential for covert discrimination – using criminal records to screen applicants serves as a facially neutral selection process that invites consideration and review. As such, the National Employment Law Project’s March 2011 report urges employers to reconsider their current hiring policies. An individualized assessment should take into account the nature and gravity of the offense(s), the time that has passed since the conviction and/or completion of the sentence, and the nature of the job held or sought. This approach would ensure that people with criminal records are not eliminated for youthful indiscretions, minor run-ins with the law, or more serious offenses from long ago.

Supporting this approach is the fact that a criminal record is difficult to interpret, making it a misleading tool to determine risk on the job. The BC Civil Liberties Association has raised concerns about employers using the PRIME (Police Records Information Management Environment) database for pre-employment checks. In the past, this database was considered a highly confidential tool for law enforcement. One of the problems inherent in using this database now for employment screening is that some information is being recorded as “negative contact,” a concept far too broad in scope for employers to base life-defining decisions upon. If it is going to be used increasingly for background checks, people will be demanding greater access to ensure information provided is accurate. 

This is another example of what you don’t know can hurt you. How many people can tell you with 100% certainty what is in their file? How many of these hiring managers even know what their file says about them? If you are serious about your employment search or career advancement – do your best to have ALL the answers before you become excited about an application submission. Your past experiences, hard work, education and qualifications may be worth absolutely nothing to a potential employer if you set off a red flag. 

Weeding Out the Criminal Record with a Pardon

“Maturity,” “sophistication,” “wisdom”: The adage youth is wasted on the young comes to mind when one realizes that maturity makes a person less innocent, after sophistication results from education, when wisdom yields good judgment and insight.

Here is the story of one Canadian having realized more fully the effect of using marijuana and the benefits of discontinuing the habit.

He was charged with his offence when he was just 19 years of age, in his first year of university. He was apprehended coming off the train with an amount of marijuana and some cookies. At the time, he used marijuana as a stress reducer but has since stopped.

Since his conviction, he has gone on to get his degree in computer science. After graduation, he started working as a technical support representative for a consulting company and was promoted to a technical lead position after just one year. About two years later, he moved to the Maritimes where he currently works as a software support representative.

A pardon has helped him to be able to apply to a broader scope of employment opportunities that previously were out of reach due to his criminal record. The background checks that potential employers might perform will now provide a clean slate with which he can move forward. His U.S. entry waiver will also allow him to travel freely to the U.S., which is required on occasion at his current job.

If you are in similar circumstances yourself, Contact Pardon Services Canada for help. You too can gain the wisdom that he most certainly has.

Sun of a Beach...Criminal Record Limits Travel

Canadians love to travel. This fact is reflected in the number of Canadians currently holding valid Canadian passports increasing to 60 percent from only 36 percent in 2005. Although the recession in 2008 kept many from travelling the way they would have liked, some choosing to pursue the “staycation” while the economy was sluggish, the number of people traveling has since rebounded.

During the 2010/2011 winter travel season, 10 percent more Canadians travelled to the US than the previous year, with Hawaii proving to be the one of the most attractive places. The US is a top destination for Canadians. In fact, several US locations are currently on the list of the top 25 beaches in the world for 2011. Unfortunately for some would be travelers, a Canadian criminal record limits your ability to travel to the US.

Travelling abroad has also seen a resurgence. In the winter, Canadians love the sun, choosing R & R on beaches and cruises. And during the other seasons, destinations like Mexico, Cuba, Britain, and China are increasingly popular. To take advantage of lower flight costs, a significant number of Canadian travelers are now going to the US for flights to US destinations and around the world.

Quite apparent is the position that the US holds in all these ventures. A predominance of travel is either to or through the US. What a shame it is that so many Canadians cannot even consider pursuing their dream vacations because they have a criminal record. Only through getting a pardon to remove that criminal record and receiving a waiver to gain entry into the US will that dream become a reality.

Spun Out of Control. . . Man Regains Life After Record Suspension.

“Regret,” “remorse,” “anguish,” “self-reproach” – all these feelings hang heavy when one truly realizes the consequences of wrong doing.

No matter how minor or serious the circumstance may be that a troubled person is contending with, to feel a measure of relief when having overcome the consequences is uplifting.

Here is the story of one person having become successful in his personal life putting his past behind him.

In 1987, he was found guilty of having a blood alcohol level exceeding .08 while driving. His vehicle hit some gravel, spun out of control, and rolled over. He is so very thankful that there were no other vehicles or individuals involved. He deeply regrets this incident and has made many positive changes in his life as a result. He has not, since the date of his conviction, driven under the influence of alcohol. This event has been something he has had to live with for over twenty years.

He has two teenage children currently learning to drive and looking forward to attending university. He often reminds them of his circumstances and strongly encourages them to learn from his mistakes.

He currently teaches in workshops for corporate clients. He greatly enjoys educating adults and seeing how their careers benefit. Increasingly, organizations are asking for criminal background checks in order to do work through a vendor. This record suspension has allowed him to continue to educate and not limit his ability to earn a living.

If you are in similar circumstances yourself, Contact Pardon Services Canada for help. You too can gain the peace of mind that he most certainly has.