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. 

Overcoming Roadblocks in Life - With a Little Help

Out of the deep depths of misfortune comes bliss [Chinese proverb] – Something that will seem surprising to many is the fact that, for the last two years, Sir Richard Branson has been encouraging the managing directors of hundreds of Virgin companies to take on ex-offenders.

Many people end up in prison because they’ve had bad luck, setbacks, and roadblocks in their lives. And when they try to find employment or suitable accommodation, their criminal record becomes another type of roadblock. Recruiters and some landlords routinely undertake a criminal record check when evaluating applicants. Very few get hired or approved once information about a criminal record is revealed.

Branson was prompted to employ applicants with a criminal record after being invited by his friend Jane Tewson to spend a day in a high-security prison in Melbourne, Australia. Known for championing unpopular causes, Tewson wanted him to see the work that was being done to get prisoners employed after being released and to see why it was so important.

Representatives from Australian transport company Toll met with Branson. Toll has employed about 460 ex-prisoners over the past decade, none of whom are known to have reoffended so far. He then contacted the managing directors of Virgin companies saying Virgin must also try to employ as many ex-convicts as possible. The response was generally positive.

Branson learned about the UK charity Working Chance, founded four years ago, that specializes in arranging recruitment for women offenders coming out of prison. He now is involved with the charity, which has successfully placed 173 female ex-prisoners with companies like Pret a Manger, Sainsbury’s, and Virgin.

If more companies were to follow Branson’s example, share his vision, ex-offenders would find doors opening where they never would before. Society needs to support positive initiatives to encourage rehabilitation of prisoners. Finding worthwhile employment is critical to that second chance.

For background checks requested for purposes other than working with vulnerable people, the RCMP cannot disclose a pardoned criminal record, even for a sexual conviction. Once a record suspension has been granted, that criminal record is removed from the Canadian Police Information Centre’s database. While a record of the conviction still exists, it is kept separate and apart from the database used for criminal record checks.

Thus, an individual who sincerely wishes to make a new start, who regrets any previous mistakes that resulted in a conviction, can do so by removing that criminal record by obtaining a record suspension.

For your record suspension or a US Entry Waiver, contact Pardon Services Canada or call 1-8-NOW-PARDON (1-866-972-7366). A Client Specialist will handle the entire process for you.

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.

 

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.