Pardon Applications Expected to Become More Costly

A cost-benefit analysis conducted by consulting firm RIAS Inc. for the Parole Board of Canada says operations have changed significantly since the legislative changes regarding pardon applications. The number of legitimate applicants for a criminal pardon is expected to plunge by almost half under stricter new rules. The law requires the Parole Board to assess the behaviour of applicants from the time of their conviction to ensure granting a pardon would not “bring the administration of justice into disrepute.”

Board staff now requires more time to obtain additional information from applicants, research cases, wait for responses to queries from criminal justice participants, build files, and make recommendations. In addition, board members require more time to review cases and to make decisions based on the merits of each case.

As a result, the Conservative government wants to hike the cost of seeking a pardon to $631 from the current $150, saying taxpayers should not have to subsidize the process. The move to hike the price is in the final stages of approval under the User Fees Act. Such a fee increase means that fewer people are expected to apply, and more will be screened out early on.

An individual with a criminal record faces many roadblocks in life, and receiving a pardon eases the burden. A pardon doesn’t erase a person’s criminal record; rather, it removes the federal records of a criminal conviction from federal databases so that it is no longer visible and cannot be accessed. A pardon thus makes it easier to get a job, travel, find accommodation, arrange a loan … in essence, return to society and live an unencumbered life.

About 10 per cent of Canadians, which is over three million people, have a criminal record. Under the former legislation, the Parole Board of Canada received about 37,000 pardon applications a year — 27,750 of which were complete enough to be processed.

A law passed in 2010 toughened the requirements and, in some cases, increased the waiting times for pardon applicants. Under the current legislation, the Board anticipates 25,000 applications annually— expecting to evaluate only 15,000 (down from 27,750) of which will be eligible for processing.

Critics say the planned fee hike will mean a tougher path for convicts trying to turn their lives around. That’s because the law now demands more detailed information, including more supporting documentation, says the analysis. Applicants may also require more time and effort to complete applications.

These are estimates based on historical intake, but of course, actual applications received and percentage accepted for processing will only be known with time, following any increase in the user fee.

If you need a pardon, contact Pardon Services Canada to assist you. A Client Specialist will ensure that all the required forms are created and compiled to support your application. Pardon Services Canada’s pro-active approach ensures that your case is processed expeditiously and you will be kept informed at each stage of the process. Your pardon is guaranteed. 

More Discussion Warranted on Conservative Government's Omnibus Crime Bill

Texas tried to do what Canada plans to do, and it failed. A state budget crush in 2005 forced Texas to take a hard look at its own justice policy. Texas had the highest incarceration rate in the US, with one in 20 of its adult residents behind bars or on parole or probation. Policy makers found that sending people to prison was costing ten times as much as putting them on probation, on parole, or in treatment.


Texas reversed a $2 billion plan to build new prisons and spent a fraction of that amount – about $300 million – on improved drug treatment programs, mental health centres, probation services, and community supervision for prisoners out on parole. The strategy worked: Costs fell and crime fell also. By strengthening some of the alternatives to prison, the rate of incarceration fell 9 percent between 2005 and 2010, while the crime rate fell by 12.8 percent.

A coalition of experts in Washington DC attacked the Harper government’s omnibus crime package, Bill C-10, in a statement early October.

Tracy Velazquez, executive director of the Washington-based Justice Policy Institute said, “Republican governors and state legislators in such states as Texas, South Carolina, and Ohio are repealing mandatory minimum sentences, increasing opportunities for effective community supervision, and funding drug treatment because they know it will improve public safety and reduce taxpayer costs. If passed, C-10 will take Canadian justice policies 180 degrees in the wrong direction, and Canadian citizens will bear the costs.”

Conservatives in Texas say the Harper government’s crime strategy won’t work. Judge John Creuzot of the Dallas County Court states that billions and billions will be spent locking people up, but there will come a time when the public will say “That’s enough.” Representative Jerry Madden, a conservative Republican who heads the Texas House Committee on Corrections, says that building new prisons is extremely expensive, and if they are built, they will be filled. But if they are not built, innovative, creative strategies will evolve that keep the community safe and yet still do the incarceration necessary.

Even though crime in Canada is down to its lowest level since 1973, the Canadian government has increased the prison budget sharply. Federal spending on corrections in Canada has gone up from $1.6 billion in 2005-06 to $2.98 billion in 2010-11 – an increase of 86 percent. The budget for 2012-13 is $3.13 billion.

Prison sentences have already increased with the elimination of the two-for-one credit for time served waiting for trial. Bill C-10 would add new and longer sentences for drug offences, increase mandatory minimums, and cut the use of conditional sentences such as house arrest. In each of these aspects, Texas, as well as several other states, is doing the opposite.

Studies in Texas show that treatment and probation services cost about one-tenth the costs to build and run prisons. Besides, offenders emerge much less likely to commit fresh crimes than those with similar records who go to prison.

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.

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.

 

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.

Seeking A Pardon Is The Only Recourse To Removing A Criminal Record.

Since 1970, over 400,000 Canadians have been issued pardons. 96% of those recipients have remained crime free in our communities. Why have so many Canadians endeavored to obtain their pardons, ridding themselves of their criminal records? Once people convicted of a crime have completed their sentence, paid their fine, or complied in any other way that the courts have ordered, shouldn’t they feel relieved? Shouldn’t they be able to put their mind at rest knowing that they have “paid their dues” and can now move forward and re-establish?

The fact is that everyone wants to undo errors in judgment that led them to having a criminal record. Get a new job, volunteer at their children’s school, coach a sports team, adopt a child, change one’s name, maintain custody of children during separation or divorce, these opportunities and others are not possible unless their criminal records are sealed through obtaining a pardon.

In addition, they most likely seek respite from the physiological and psychological impact of the burden that a criminal record causes. Not only do they want to move forward, they also want to gain peace of mind. When confronted with the procedure of undergoing a criminal record check while being considered for a promotion or a new job, while wishing to be able to volunteer for community endeavors, while worrying about friends or neighbours discovering the past: The stress can and does cause physical and psychological trauma. Anyone has the opportunity to have their record checked and should do so for peace of mind.

The RCMP is the only body in Canada with the authority to perform criminal record background checks. Employers are increasingly using criminal record checks, through the RCMP, when qualifying prospective and current employees for new hires and promotions. An otherwise qualified person can expect to be turned down, even if the conviction was for a seemingly insignificant offence that happened long ago. That record exists and can be seen by employers. Even more unsettling is the fact that some companies have started applying their new criminal record policies retroactively. Long-term employees have been dismissed because of a minor, old offence.

Receiving a pardon enables a person to live just as if he had never committed a crime – a pardoned crime will not be disclosed on a criminal record check provided by the RCMP. A clean criminal record is a requirement for moving forward, and applying for a pardon is the route to follow. Obtaining a pardon is a long process, so it’s best to start well in advance. Seeking the assistance of a pardon services specialist will make that process easier and provide the assurance needed.

The New Canadian Pardon: More Expensive & Harder to Get. Really?

The Canadian Government has proposed that the cost of applying for a pardon be raised to $631, after only recently raising it from $50 to $150. Some people feel that those who commit crimes should have to pay for their own rehabilitation, whereas others feel that if getting a Canadian pardon proves too difficult or expensive, many will never be rehabilitated.

Quite interesting is the fact that, for pardoning criminal records, the price is under debate at the same time as the general requirements: Is the pardons process strict enough, or should it be made more difficult?

This raises two important questions for discussion:

Raise the price? The Government claims it would offset the cost to the taxpayer – a claim that defies logic to some degree. Consider that taxpayers’ money is used to administer the justice system. Raising the cost of a pardon – and quite significantly - would prove obtaining a pardon prohibitive for many, most likely because their criminal records are currently preventing them from  becoming gainfully employed. Not being gainfully employed results in the individual NOT being able to contribute to the public purse, and in some cases actually taking more away from it by relying on some form of public assistance. These people want to work. They are willing to pay taxes. Why stop them?

Make the process more difficult? One might well wonder what end this would serve. Take economics out of the equation. People who are legally entitled to receive a criminal pardon and are well rehabilitated or certainly have learned their lesson should not be further tripped up with another stumbling block. These are people who are working hard and are contributing members of society. The Canadian pardon process is already fair and effective, although it requires accuracy and thoroughness both on the part of the Parole Board of Canada and the applicant. Many people seek the assistance of Client Specialists to assure accuracy & thoroughness to better guarantee success with their application. But why make the process more complicated? A person who is working hard at life and contributing to society is not planning crimes. Do they really need more paperwork in Ottawa?

Because the spectrum of crime in Canada is so great, the likelihood of the average person knowing and/or associating with someone who has a criminal record is actually very high. Many everyday people have a minor conviction along with a criminal record. Most of these convictions are usually the result of a lapse of better judgment rather than an outright strategic criminal endeavor.

To make pardons more expensive or more difficult to obtain would be harsh and counterproductive to the average person.

Ultimately it will take more money away from the Government through lost future employment taxes than is collected from a one-time increased application fee. Rather than serving as a significant deterrent to the intended criminal, it hinders the productive rehabilitated individuals and looks more like an immediate, non-logical cash grab by the Government.