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.

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.

 

Restorative Justice Deserves Greater Consideration

Restorative justice emphasizes repairing the harm caused by crime. When victims, offenders, and community members meet to decide how to do that, the results can be transformational. It is viewed as a process that improves upon the traditional criminal justice in that it has significant benefits:

• Rather than defining crime only as lawbreaking, it recognizes that offenders harm victims, communities, and even themselves.

• Rather than giving key roles only to government and offender, it includes victims and communities as well.

• Rather than measuring how much punishment has been inflicted, it measures how much harm has been repaired or prevented.

• Rather than leaving the problem of crime to the government alone, it recognizes the importance of community involvement and initiative in responding to and reducing crime.

The concept that true healing after a crime doesn’t necessarily come from harsher punishment but rather from the coming together of criminal and victim, giving them a chance to understand one another and work to repair the harm done.

In theory, this approach has merit, viewed strictly from an objective point of view. But when a victim is given the opportunity to be involved in such a program, the prospect of meeting with the offender could well be daunting. So a better understanding of the process would be helpful and beneficial for anyone concerned with the Federal Government’s Safe Streets and Community Act, Bill C-10.

Three principles form the foundation for restorative justice:

1. Justice requires that we work to restore those who have been injured.

2. Those most directly involved and affected by crime should have the opportunity to participate fully in the response if they wish.

3. Government’s role is to preserve a just public order, and the community is to build and maintain a just peace.

Resources for information on the process, when reviewed, show it to have great potential. Yet, although programs exist across Canada to facilitate such meetings, restorative justice hasn’t become widely accepted. Now some victims’ advocates fear such programs will be used even less often due to the federal government’s tough-on-crime agenda and its emphasis on incarceration. Of particular concern are the mandatory minimum sentences for certain drug and sex offences.

Measures introduced recently in the government’s sweeping omnibus crime bill interfere with judges’ abilities to tailor sentences and consider restorative-justice options. Mandatory minimums do not allow restorative justice to take place.

Understandably, for anyone wanting to get a pardon to clear his record, now is the time to act. Pardon Services Canada assists people in the process. 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.

Straightend Out, Moving On

The benefits of counseling, along with the support of family, cannot be fully realized and appreciated until a person needs to seek help.


Larry currently lives in Red Deer, Alberta, with his wife and teenage son. He strives each day to be a strong, positive influence in his son’s life. He owns his own home and has had steady employment for over 20 years. Now, with the prospect of retiring soon, his pardon has allowed him to gain peace of mind, closing once and for all that chapter of his life. He looks forward to traveling more comfortably, perhaps volunteering as well. He truly has moved on.

When he recalls the time when he had succumbed to the pressures the being involved with the wrong crowd, he is numbed. All the negative influences that controlled him were overpowering. He regularly used narcotics, and he became aggressive and antisocial. He eventually was charged and convicted for possession of narcotics, and then for the purpose of trafficking. The last blow came when he was charged and convicted for assault with a weapon.

His decision to undergo two years of counseling to straighten himself out was one of the best moves he’s ever made. His parents’ influence, in particular his father’s, helped him to reassess what is important in life. During this stage, his parents helped him to become a mature, respectable, productive member of society. Now, several years later, he realizes that family ties and good health are the two most important factors any person can have.

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.

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.

Disclosing a Pardon for a Criminal Record Not Advisable

When a prospective employer requests a criminal record check through the Canadian Police Information Centre’s database, information about a pardoned conviction cannot be released.

Only one exception requires such disclosure, that being convictions for violent sexual or personal injury offences. These are “flagged” for vulnerable sector background checks. A vulnerable sector check will be performed for potential employees or volunteers who wish to work with children, ill or disabled people, or senior citizens.

The purpose of a pardon is to restrict access to a person’s criminal past, and once a pardon is granted, a conviction will not be disclosed on a background check. The person’s clean record is reinstated and there is no reason to ever have to admit it.

No one should ever feel compelled to volunteer information on a past conviction when a pardon has been granted. Unfortunately, sometimes when a person is asked directly if he has ever been convicted of a crime, the sense that honesty is the best policy prevails. He feels obliged to reveal that fact but to also state that he has received a pardon. However, is this decision wise?

In several Canadian provinces, human rights legislation prohibits discrimination based on a pardoned conviction. This protection may be theoretically guaranteed, but actual enforcement is not always assured. Discrimination based on other aspects such as gender, race, age, and disability is illegal, yet anecdotal evidence exists to show it is still practiced. Therefore, the reality is that a person who volunteers that he has a pardoned conviction will more than likely be passed over for someone else with a crime-free background.

Thus, if an employer poses any sort of question regarding the existence of a criminal record, anyone who has been granted a pardon can honestly reply that he has a clean criminal record. That pardon is a person’s vehicle with which he can wipe the slate clean, make a fresh start, and move on unencumbered.

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.

Encumbered by Debt, Saw No Way Out

Debt is like any other trap, easy enough to get into, but hard enough to get out of [Henry Wheeler Shaw] – With significant debt and credit obligations, “John” became burdened with an enormous debt load as he was inexperienced with managing his financial commitments. Having multiple creditors and feeling powerless and fearful, he made the fateful decision to bilk his employer to try to make the long-overdue payments.


Since that time, he has attended a debt counseling workshop and has completely restored his excellent credit rating. With a supportive family, he has completed an apprenticeship at the Southern Alberta Institute of Technology and now holds a journeyman machinist certification. His path has not been easy, but he feels it has been rewarding, having learned many valuable lessons about himself and his role as husband, father, and member of the community.

His pardon has improved his ability to travel for work as well as allowed him to work in roles for which security clearance is required. He believes it has also helped to lessen the shame and embarrassment he feels due to the mistakes he has made. He looks forward to being able to help with his children’s sports teams and clubs by coaching or volunteering.

Anyone wanting to apply for a pardon should take advantage of a complimentary private consultation. 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.

Possible Disclosure of Criminal Record Causes Concern

The Canadian Police Information Centre (CPIC), an office of the RCMP, maintains criminal records in a database accessible for criminal record checks. However, a pardoned criminal record is removed from that database and will not show up on background checks. Except for the few offences that carry a life or indeterminate sentence, all Canadian criminal offences can be pardoned. But, if a person has committed a sex-based offence, the conviction will remain flagged in the database in case a “vulnerable sector” background check is done.


Vulnerable sector checks are performed only when a background check is requested for the purpose of working with vulnerable persons, who are defined as being in a position of dependence on others (1) due to age, disability, or other circumstances, whether temporary or permanent, or (2) are otherwise at a greater risk than the general population of being harmed by a person in a position of authority or trust relative to them. Therefore, a vulnerable sector check will be performed for potential employees or volunteers who wish to work with children, ill or disabled people, or senior citizens.

Employers are generally thought to have well-reasoned criminal record check policies tailored to the jobs for which they are hiring; they typically do not implement blanket prohibitions against hiring applicants with a criminal record. Protecting the safety of their employees, customers, and service providers is a legal obligation, which is met by background checks ensuring that people with unsuitable histories are not employed in vulnerable positions.

Understandably, individuals with arrest and conviction records face almost insurmountable barriers in getting hired. Certainly one might worry about arrest records being used improperly, such as long-ago arrests that never led to conviction, or inaccurate information being considered in the evaluation or a person’s eligibility. People’s attempts to maintain gainful employment have been thwarted by arbitrary restrictions. One such individual was let go after two years of solid service because the company obtained a contract that barred employment of anyone with a conviction record.

It should be emphasized that, 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 crime is pardoned, it is removed from the CPIC’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 pardon.

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.

Don't Let Your Criminal Record Serve as a Barrier

A conviction can follow a person throughout his or her life, preventing the individual from moving forward, reintegrating into society. Obtaining a pardon is the only way to eliminate the stigma of having a criminal record. A criminal record remains on file in Canada but it can be purged, allowing a person to pursue employment or promotion, to volunteer, to adopt, to rent an apartment, to further education.


How to obtain a pardon: An individual must apply to the Parole Board of Canada. However, the PBC requires individuals to have fulfilled certain terms before submitting an application: Applicants must have completed their sentences as well as observed the required waiting period after completion of the sentence(s).

Sentence completion prerequisites: Fines, costs, restitution and compensation orders, and surcharges must have been paid; the individuals must have served their time as outlined in their verdicts; individuals must have finished probation orders.

Waiting period after sentence completion: A summary conviction requires a 3-year waiting period; an indictable conviction, a 5-year period; and a personal injury conviction, a 10-year period.

What a pardon achieves: A pardon removes the federal records of a criminal conviction from federal databases so that it is no longer visible and cannot be accessed. It is recognition that a person convicted of a criminal offence has completed a sentence and has demonstrated law-abiding behavior in the community for a prescribed number of years.

A pardon is evidence that a conviction should no longer reflect negatively on a person’s character. The Criminal Records Act restricts access to records under federal jurisdiction and removes any disqualifications that would result from a conviction. Further, it specifies that information about pardoned offences shall not be sought in the employment applications of organizations under federal jurisdiction. Also, the Canadian Human Rights Act forbids federal agencies and departments to discriminate against an individual based on a pardoned record.

Why a pardon should be obtained: Criminal record checks are now routinely undertaken in relation to employment, housing, volunteering, child custody, adoption, and the like. So in addition to safeguarding against discrimination normally associated with pursuing such endeavors and improving one’s marketability, eliminating the shame or stigma associated with having a criminal past will definitely improve one’s sense of self-worth.

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.

Removing the Barrier to a New Life

How long must a person endure the mantle of a criminal record, after having served his sentence and atoned for past mistakes? Unfortunately, a criminal record continues to “follow” a person by remaining accessible through a criminal record check or a background check, frequently done nowadays by such concerns as potential employers, rental agencies, and banks.


This procedure is done in order to safeguard the workplace, its customers, and service providers. Unfortunately, if a criminal record is found to exist, the applicant is refused the job that he interviewed so well for, that perfect apartment is no longer available to him, the volunteer opportunity that would broaden his horizons will not be accessible.

Even travel can be hampered, whether it be for pleasure or business, especially when attempting to enter the United States. It is illegal for a Canadian convicted of a criminal offence to cross the border. The Canadian Police Information Centre (CPIC) stores data on all criminal records and gives the US Customs and Border Protection Agency access to its files. Thus, travelers with a record risk being detained at the border, not being allowed to cross, and possibly being arrested or having their vehicles confiscated.

A criminal record has therefore become a significant barrier to living a fulfilling life. However, once a period of time has passed after the completion of a sentence, a person is entitled to apply to the Parole Board of Canada (PBC) for a Pardon. Once granted, a Pardon will cause a record to be kept separate from the accessible CPIC database, “sealing” it, so that it will not be revealed in a background check. Also, a US Entry Waiver will help those who wish to travel to the United States. This document can be applied for even without having received a Pardon and will enable cross-border visits for both business and pleasure.

The process for obtaining these documents can be difficult and time consuming, so seeking the help of a Client Specialist at Pardon Services Canada is advisable.

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.