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.

 

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.

 

Temptation Obscures the Obvious

Better shun the bait than struggle in the snare [John Dryden] – Here is the story about how one young man has overcome a most unfortunate introduction to life in Canada.


As a recent immigrant to Canada in the mid-eighties, having settled in Lethbridge, Alberta, he got his first job as a delivery driver for a local pizza parlor. He found a credit card in the parking lot of a nearby convenience store and put it in his pocket. In his home country at that time, there were no such things as credit cards. Later on, he told a coworker about what he had found. This person said that they could use the card to get free gas at a local gas station. Being young and naïve, he didn’t fully realize just what was he was about to do. He did sense this wasn’t right, but feeling the peer pressure, being gullible, he agreed to let his coworker use the card at a gas station for himself and his friends. After the card had been used this way a few times, the police eventually came to his home to arrest him. His coworker had been questioned by the police and then implicated him while denying any participation.

Now a husband and parent, he looks back on what happened with great embarrassment, wishing he had followed his instincts and not taken part in such fraudulent activities. Following this most unfortunate stage of his new life in Canada, he has not been involved in any other criminal activity. He has a son for whom he feels he is a role model, having a positive attitude and demonstrating a law-abiding life style. He spends a great deal of time helping his son in his sports endeavors as well as assisting his church and the local community kitchen. He has embraced his religion, attending church regularly, seeing this as a positive influence in his life.

His pardon has allowed him to secure better employment in order to afford to travel with his family to popular vacation destinations and to attend such local events as the Calgary Stampede. Pardon Services Canada offers a complimentary private consultation for anyone wanting to apply for a pardon, to have his police file deleted, or to obtain a US Entry Waiver. Pardon Services Canada’s role and familiarity with the pardon process will ensure that all documents required are obtained in a timely manner and that each applicant’s case is handled expeditiously.

Speak to a Client Specialist – toll free at 1-8-NOW-PARDON (1.866.972.7366) – at Pardon Services Canada to guide you through the process.

Driving While Intoxicated vs. Driving Under the Influence

Drinking and driving: there are stupider things, but it's a very short list. [Author Unknown]


Whatever you call it, the charge is the same – it involves operation of a motor vehicle while intoxicated by alcohol or drugs. It could be as “simple” as an over-the-counter cold or flu medicine but the bottom line is: if you are Driving Under the Influence, you are breaking the law.

No one would disagree that operating a vehicle while under the influence of any substance that limits your ability to think clearly, respond quickly, stay alert, and remain attentive is a dangerous activity. So why do people continue to do so?

Since a DUI – Impaired Driving, Blowing over .08, Refusing to Blow, or Refusal to Take a Breathalyzer – is among the most common criminal convictions in Canada, a few prevailing myths, or misconceptions, need to be brought to light:

Myth No. 1: A person is legally allowed to drive with a blood alcohol level below .08.

Truth: If you are stopped by police, you could be tested with an “approved roadside-screening device” (ASD), which tests for alcohol in your body, showing a “pass,” “warn,” or “fail.” A warn shows for blood-alcohol levels between 50 - 100 milligrams of alcohol in 100 milliliters of blood, and a fail for levels of 100 milligrams or higher. The legal limit is 80 milligrams (called .08). A pass will probably allow you to leave, but that is not automatic.

Under the BC Motor Vehicle Act, even if you’re not over .08, you may be immediately prohibited from driving for 24 hours if the police have reasonable and probable grounds to believe that your ability to drive is affected by alcohol or drug. The police may also impound your vehicle for 24 hours. If the ASD shows a warn or fail, the police may demand you to take a breathalyzer test, for which you must go to where the breathalyzer is located, usually the local police station. Also, since the fall of 2010, if your blood alcohol level on the ASD is between .05 and .08, new penalties will be imposed.

Full details are certainly worth exploring. The bottom line, though, should be: If you’re not sure how much you’ve had to drink, take a bus, call a taxi, prevail upon a friend, but do NOT even get in your vehicle, let alone drive it.

Myth No. 2: One beer – one shot – one glass of wine – is fine.

Truth: Several factors determine how much it takes to get drunk: your weight, your gender, your age, your food intake, how much you’ve drunk in the past. Also, the number of drinks consumed is not an accurate indicator: alcohol levels in drinks vary because of the type of drink that is prepared. Bottom line: If you drink, don’t drive.

Myth No. 3: Second offence is the same as the first offence.

Truth: People who have already been convicted with a DUI offense suffer more serious consequences. The usual sentence: For a first offence of over .08, impaired driving, or refusing to blow, the mandatory minimum sentence is a $1000 fine and a one-year driving prohibition (unless the judge considers your case more serious because of aggravating facts such as high breathalyzer readings or an accident).

Previous drinking and driving convictions mean higher penalties – usually a minimum of 30 days jail for a second offence within a few years of the previous conviction, and a minimum of 120 days jail for each offence after that. And if you kill or injure someone, the penalty is always a jail term. Again, full details are worth exploring.

Myth No. 4: Driving under the influence of drugs is not a DUI.

Truth: You can get a DUI for driving under the influence of anything. If you drive under the influence of either prescription narcotics or recreational, street, or illicit drugs, you can be charged with a DUI. Prescriptions explicitly reiterate not to drive or operate machinery while taking certain medications. Numerous prescription drugs can impair one’s motor skills to the point that their driving abilities are diminished. Ingestion of prescription and/or illegal drugs can cause altered speech patterns, dilated or constricted pupils, decreased motor function, and rapid, slowed, or labored breathing.

If you have a DUI conviction, you will want to consider getting a Pardon, which will seal your record so that it is no longer visible. A criminal record can follow you for life, so a Pardon will provide relief from the stigma once and for all. Contact a Client Specialist at Pardon Services Canada who will answer all your questions and guide you through the pardon process.

Taking Control, Moving Forward

A worthwhile person seeks not the easy life, for the easy life does not make a worthwhile person [Chinese proverb]. Here is the story about how one young man has “changed his ways” and found a better way to live life.


When he began his involvement in the drug trade, he was too naïve to question how it might impact his future. He was young and impressionable and fell in with the wrong crowd because he was materialistic, wanting all the finer stuff that comes with the so-called “good life,” without having the skills to acquire them legitimately. He felt that he was navigating through life with tunnel vision, looking only for the quick fix to satisfy his needs, wanting the easy path to financial security.

He was convicted twice as a teen for break and enter and theft, once to steal food because he was homeless and hungry, then for being an accomplice with the wrong crowd that committed another similar offence. He also has had several drug-related convictions, dating back to the late 1980s.

His several bouts of incarceration convinced him that the most important asset we have in life is time, and the most rewarding part of this gift is the freedom to choose how to spend it. In the time that has passed, he has adapted to a new mindset, acknowledging that the only way to find satisfaction is to earn an honest living, which ultimately leads to fulfillment.

He sees that although his pardon can’t erase the stigma of his crimes, it can empower him to seek better employment opportunities, being bonded if need be, travel to broaden his scope of opportunities. He realizes that he didn’t choose to go to jail; instead he ended up in that situation by the choices he made. He understandably regrets these choices, and his deepest regret is not having learned from their impact sooner. Although he has missed out on many opportunities as a result of his criminal past, he now sees he has an opportunity to move forward and become a productive member of society. He feels he now has the confidence to achieve success and support himself through hard work and diligence.

Pardon Services Canada offers a complimentary private consultation for anyone wanting to apply for a pardon, to have his police file deleted, or to obtain a US Entry Waiver. A pardon seals a criminal record so that it is no longer visible. Pardon Services Canada’s role and familiarity with the pardon process will ensure that all documents required are obtained in a timely manner and that each applicant’s case is handled expeditiously.

Speak to a Client Specialist – toll free at 1-8-NOW-PARDON (1.866.972.7366) – at Pardon Services Canada to guide you through the process.

What You Need to Know About Social Media and Background Checks

Rather than having to rely on an applicant’s resume, references, or interviews to find information, the explosion of technology and social media websites like Facebook has made it easier than ever to learn details about potential hires – and recruiting managers have begun to take advantage. Significantly, though, there are privacy concerns as well as human rights concerns to be considered.

This practice, while becoming more common, does have some serious legal risks, in particular violating Canadian privacy legislation. The current feeling is that the Personal Information Protection and Electronic Documents Act (or PIPEDA) would prevent that kind of collection of personal information. PIPEDA, a federal law that protects the privacy of personal information in Canada, prohibits a federally regulated employer from using or collecting an employee or potential employee’s personal information without their knowledge and consent, subject to a number of exceptions. The viewing of an employee’s blog and the use of it for hiring purposes would seem to fall under these provisions.

However, PIPEDA does not apply where the personal information is “publically available,” including a publication in electronic form. It is arguable that a job applicant’s disclosure of personal information in a publically available blog post would qualify; however, it is difficult to predict exactly how the exceptions would be applied.

As well, PIPEDA applies only to federally regulated employers, a very small percentage of employers in Canada. While British Columbia, Quebec, and Alberta have enacted similar legislation, Ontario, for example, has not, leaving provincially regulated employers in that province facing fewer legislative barriers to the collection of personal information on the Internet.

In addition, even if the information is publically available on an applicant’s Facebook page, human rights legislation ensures that certain types of information cannot be used to make hiring decisions. While employers cannot ask job applicants about protected characteristics such as marital status, race, religion, and age, this information will often come up in an online search and can be difficult for employers to avoid.

Background checks are routinely performed, and if you have a criminal record it will be revealed. This criminal record can be removed, though, so if you want to “even out the playing field” when applying for employment or promotion, pursuing adoption, hoping to volunteer, become bonded, you should start the process right away by contacting a Client Specialist at Pardon Services Canada to apply for a pardon. Once it is obtained, that criminal record will be sealed so that it is no longer visible. You would also be well advised to review your Facebook, Twitter, myspace, or any other social media site to ensure it reflects you in the most positive light possible.

We Do Have the Power to Right Our Wrongs

“Addiction”: being enslaved to something that is psychologically or physically habit-forming – such a state is extremely difficult to overcome, but it can and does happen! Here is one young man’s description of how his life has improved.


In his late teens, he was constantly attempting to escape his problems through drugs and alcohol, leaving home to either rent accommodation or live on the streets. He attended school only sporadically, and fell in with the “wrong crowd,” stealing to get drug money and causing property damage in the process. He now firmly believes that there are no excuses for his behavior and no amount of apology or regret can undo the damage and hurt he caused.

He felt that he had paid heavily for his actions, and having finished all his punishment had given him the chance to create a positive future and to work towards a better life. However, he felt that he was still being held back by his criminal record.

Now ten years later, his pardon has removed his record will allow him to further develop his carpentry business and to establish contacts in his trade outside the country. He feels that he is continuing on the right path as a responsible, law-abiding citizen. Perhaps the most significant way he has improved is through his new attitude and outlook on life. He feels that he has been successfully rehabilitated and no longer has drug and alcohol addictions.

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.

Impact of Coping with a Criminal Record

In many respects, a criminal record might not be restrictive if a person has experienced no need to undergo a criminal record check – if someone is gainfully employed, has been living comfortably in a home for which a mortgage was obtained without difficulty, has no need or desire to work or volunteer with children’s schools or sports endeavors, doesn’t need a loan, isn’t being considered for a promotion, isn’t attempting to rent an apartment, has no wish to travel across the US border, doesn’t require a licence, has no need to be bonded … Well, all these conditions and more could suddenly become significant if matters change, and that’s what life is all about.

Even if a person has not felt the need to have his criminal record removed, the fact that it still exists and could potentially be discovered by friends, family members, coworkers, or employers takes its toll. Although the impact of this state of affairs might not be consciously registered, overt symptoms can and will evolve. Occasionally we experience anger, stress, or depression, not understanding the cause. When we leave unattended matters that in the back of our minds we know should be addressed, they can affect our well being.

Understanding anger is important. This is the first step in anger management. You should know that anger rises within you when you feel incapable of doing certain things. Anger can manifest itself in forms such as self-pity, depression, or rage and needs to be dealt with.

Understanding stress is important. Stress can be either positive or negative; for example, stress experienced while preparing for a job interview will heighten the senses in order to perform well. However, negative stress, experienced for example during bereavement, demanding work conditions, or family strife, produces negative feelings like anger and frustration, leading to physical problems such as headaches, insomnia, or stomach upset.

Understanding depression is important. Life is full of situations that cause stress. When you are having difficulty dealing with a source of stress, you may have situational depression, which is an emotional event. The most common symptoms are fear, sadness, and hopelessness and usually disappear after you adapt. But symptoms of major depression can sometimes last much longer and need the help of a health professional.

Having a criminal record is a state much like a “life sentence”: a criminal record is “a summary of an individual’s contacts with law enforcement generally computerized in the NCIC (National Crime Information Center).” Regardless of the type of offence, it will follow a person for the rest of his life unless he takes that all-important first step to remove his record through applying for a pardon.

Most Canadian criminal records can be removed with a pardon, ensuring that all of a person’s criminal records and charges are separated from other personal records and rendered inaccessible. Pardon Services Canada’s role and familiarity with the pardon process will ensure that all documents required are obtained in a timely manner and that each applicant’s case is handled expeditiously. Contact a Client Specialist at Pardon Services Canada to guide you through the process.

Helping People by Helping Our Planet

Pardon Services Canada is proud to have been presented with Urban Planet’s 2010 Certificate of Diversion, outlining how much waste our organization has diverted this past year from the landfill. Changing the way we deal with waste is a necessity – every tonne of paper diverted from landfills through recycling and shredding reduces our carbon tax footprint by approximately 3 tonnes.

This Certificate of Diversion provides documented proof of the efforts of Pardon Services Canada to reduce our environmental impact and improve our community, showing a true commitment to environmental conservation and global responsibility.

Our client confidentiality is assured in part due to these ongoing efforts. All documents prepared in the process of securing pardons and waivers for our clients are kept totally confidential. Once we finish processing each case, we destroy all the information we have.

Call us with your questions today, toll free: 1-8-NOW-PARDON. Our commitment to service ensures that a knowledgable Client Specialist is available to assist you.

Time for Action

At times every one of us feels bound by circumstance – the day-to-day limitations that prevent moving forward. One of these is the sense of feeling hopeless, not having the means to move forward and develop a better life.

If a person is encumbered by a criminal conviction that prevents gaining employment or promotion, pursuing adoption, applying for a loan, renting a residence, or other such goals, that sense of hopelessness will prove to be a seemingly inescapable burden. 

What to do? Five steps to help make the situation better make a great deal of sense:

Talk – find some company either to talk about your worries, fears, thoughts, doubts, or simply to just talk about anything else to take your mind off what’s bothering you.

Move – walk, jog, cycle, dance, play with your children or your pets. Movement can relax, inspire, allow a different perspective.

Move forward – start something, either a project on hold or something new. Accomplishing something improves self-esteem and helps to take you forward.

Help someone else – reach out to family, friends, even strangers. Altruism is its own reward. Something even so insignificant as a smile or a helping hand will work.

Stir your senses – experience music, books, food, places with sights, sounds, aromas.

Perhaps one project that has been on hold is seeking a pardon for the criminal record that has been holding you back. If this is the case, you are well advised to contact a Client Specialist at Pardon Services Canada to guide you through the process.

Pardon Services Canada’s role and familiarity with the process will ensure that all documents required are obtained in a timely manner and that your case is processed expeditiously. That peace of mind you seek is within reach.

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.

Canada Needs Consistency – The Issues with Criminal Background Checks

The increasing use of police background checks, also known as criminal record checks or criminal reference checks, to screen applicants for suitability for employment, volunteer efforts, promotion, education, and other opportunities has been raising privacy and human rights eyebrows across Canada and is now starting to reach news media and courts.

Definitely, police background checks do constitute an important safeguard for public safety and security. The goal is to protect vulnerable people from harm or employers from theft. In fact, a company, agency, or school that fails to do so runs the risk of being negligent.

However, the focus must be on “relevancy”. There is a danger of providing too much, or misleading information. In particular, providing information that is unnecessary for determining suitability or that is incorrect may violate the privacy of an applicant and lead to unfair rejection. Significant harm can arise when irrelevant, inaccurate, or incomplete information is provided from a police background report.

Police databases may contain information about any contact with the police, whether a person is a complainant, victim, potential witness, suspect, “person of interest,” or one charged with a crime – even if charges were subsequently dropped or an acquittal followed.

The manner in which police background checks are conducted creates a risk of violation of applicants’ privacy and human rights. Section 32 of the Municipal Freedom of Information and Protection of Privacy Act permits police to disclose personal information only if the person concerned has identified that information in particular and consented to its disclosure.

Police departments recognize the problem inherent in the manner in which background checks are carried out. The Ontario Association of Chiefs of Police produced guidelines in 1999 for Ontario police departments, although they have never been released to the public and have not resulted in consistent practices among police forces. Other jurisdictions as well have introduced legislation to regulate what may be disclosed, how the accuracy and relevance of information can be verified, and what uses recipient organizations may make of the information.

However, it seems apparent that the various approaches taken by jurisdictions dealing with police background checks need more consistency. As well, current privacy and human rights laws alone are not sufficient to ensure a proper balance between public safety and personal privacy.

Background checks can be done quickly and cost-effectively. It is in the best interest of all Canadians looking for employment, volunteer opportunities to get a background check before their employer. Therefore, the person can look into other options available to them, such as a pardon or record deletion.

For additional information on pardons, criminal legislation in Canada, employment and travel, check out these resources.

·         Pardon Services Canada Blog

·         Career Blog

·         Canada Criminal Record

Canadians Getting More Than They Bargained For Crossing U.S. Border

 With a rising Canadian Dollar and more Canadians flocking south for shopping bargains, the risk to Canadians with a criminal record increases. A quick trip for gas can turn into a lifetime of U.S. Entry Waivers. 

Canadian spending in the U.S. was way up in 2010, according to a Visa report. Spending went up 18% from the previous year, capping at $9.2 Billion. Last year Canadians, among all other nationalities, were also the biggest spenders in the U.S. A strong Canadian Dollar backed by rebounding Canadian industry, weak investor confidence State side and high oil prices promises great deals for Canadians. The trend continued into 2011 as the dollar has been trading at 105 against its U.S. counterpart - up 5.4 points since January. This recent growth brings the dollar to a 3 ½ year high against its American counterpart.

As the shopping migration continues en masse, Canadians would do well to remember that if they have a criminal record it is a requirement of the U.S. Department of Homeland Security that the traveler posses a U.S. Entry Waiver. U.S. Border Officials have been turning away more and more Canadians from the border as a quick check can uncover a past offense prompting a refusal of entry. 

On top of being denied entry at the border, any subsequent attempt to enter the U.S. from Canada is flagged and checked. The person caught trying to conceal their past or enter the U.S. without a waiver will be required to possess a U.S. Entry Waiver for the rest of their life. 

More and more Canadians are getting caught in the tighter security blanket crossing the border to take advantage of great deals. Unfortunately, they are getting much more than they bargained for as a lifetime of U.S. Entry Waivers can result from one quick trip across for gas. The unfortunate thing is that for Canadians a criminal record check is quick and inexpensive. Canadians don’t need to be caught unsuspecting at the border. E6T455X7GJ8R

*note: a Canadian Pardon will ensure that the U.S. government will not be able to see any previous criminal record

4.5 Million Need Not Apply – Criminal Records Catching Up With Canadians

             The myriad of job seekers in the post-recession economy was dealt another blow as revealed by a new report by the National Employment Law Project (NELP). The Report shows that 90% of companies use criminal background checks at some point in their hiring policies. The rise in the use of criminal record checks is now being coupled with stringent and unfair hiring policies in regards to previous criminal records. Companies such as Domino’s Pizza, Lowe’s and RadioShack have implemented policies that require applicants for positions to have “no criminal record. Period.” These employers alone comprise 415,400 jobs in Canada, the United States and abroad. Over 1 in 10 Canadians and 1 in 4 Americans have a criminal record. Many applicants have a record for minor offences that occurred years before and hold no bearing on the current position even so, they are not even considered.

                Labour advocacy groups have been arguing against the blanket restrictions on criminal records being imposed. Despite these calls to action the number of companies conducting background checks on applicants continues to grow. The argument that is put forward by advocates of the blanket restrictions is those corporations have a duty to provide a safe work environment for employees and customers. While this is true, a blanket restriction eliminates suitable candidates for discretions that are long since passed and currently have no bearing on the job or workplace security. The overall effect is detrimental to all parties as the possible pool of suitable employees is drastically reduced and the risk of recidivism and future crime is increased by unemployment.

                The recommendations that are made by labour advocates are sound. The restrictions on people with criminal records should be lessened to allow all suitable applicants the chance to apply for the betterment of the applicants and the corporations. There is an apparent need to protect job seekers from arbitrary, discriminatory and potentially illegal hiring practices.

                In Canada, the recourse against the wave of companies using background check lies in the realm of Pardon Services. Any Canadian can apply for a pardon if they have met the conditions and sentencing of the offence. Once obtained, a pardon can seal a criminal record from a corporation performing a background check. Through a pardon Canadians have the ability to leave their past behind them and continue towards a new job, career advancement, volunteer positions and a wealth of opportunities previously shut out because of a criminal record. 

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.  

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.