CanadianBlawg

The following is a guest law blog post regarding the Conservative Government and Canada’s Pardon Program.

When Stephen Harper obtained a majority government those working in the pardon service business anticipated changes to the existing legislature. The Conservatives promised to get tough on crime and this included a reworking of Canada’s pardon program, which crime hawks had said was too lenient and allowed criminal records to be sealed far too easily. A couple of high profile cases followed by negative media attention were all that was needed to generate public outrage at Canada’s pardon program.

Never mind that 96% of the people pardoned under this program have never committed another crime. Never mind that pardons get people back to work, which in turn prevents further criminal activity. Never mind how difficult it is to find work with a criminal record. According to the Conservative government, Canada’s pardon system was broken.

Now that Bill C23B, an act that eliminates pardons for serious offenders, has passed as a part of the Conservatives omnibus crime bill, just how much of Canada’s pardon program really changed?

The most significant measure is that the waiting periods required before a person becomes eligible were increased. An offender used to become eligible for a pardon three years or five years after the date his or her sentence was completed. That means that all fines are paid, probation completed, jail time served, and so on. Three years was applied to summary convictions and five years for indictable convictions (sexual offences and serious personal injury offences required a ten-year waiting period).  Now offenders must wait five and ten years respectively, a significant increase.

Some people are now forever disqualified from the pardon program. For example it is now impossible for anyone with a sexual offence involving a minor to ever be eligible for a pardon.  Another measure that would permanently eliminate pardons for certain offenders is the “three strikes rule.” Anyone convicted of more than three indictable offences, each of which was punishable by more than two years in jail would forever be ineligible for a pardon. This can result from a single arrest with four two-year terms being served concurrently. A single mistake could get you a criminal record for life.

Finally, one of the least significant measures contained in the bill renamed the term “pardon” to “record suspension.” The Conservatives thought this was necessary because “it is not in the business of forgiving criminals,” as one MP put it. However, if you remain eligible for a record suspension it is the exact same thing as a pardon.

Although the act to eliminate pardons had more bark than bite it did contain some changes that are going to make it difficult, if not impossible, for some offenders to ever get back on the right track. Denying people access to a basic Canadian lifestyle—one where employment, travel and autonomy are all possible—seems altogether flawed. As a country that prides itself on opportunity, these changes feel inconsistent with the broader values Canada aims to uphold.

Consider again that 96% of the people who have been granted a pardon never re-offend. The vast majority is only interested in living a law abiding life and being given the same opportunities to pursue a rewarding career. It is hard to understand what these measures were supposed to accomplish.

If you have a criminal record, contact a pardon specialist at the National Pardon Centre. We offer free consultation services and can easily help you determine if you remain eligible for a Canadian pardon.

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