Bill C-23: Pardons will be more difficult to obtain

On June 17, 2010, the House of Commons split Bill C-23 (An Act to amend the Criminal Records Act) into 2 new bills – C-23A and C-23B. Bill C-23A was passed quickly without much debate – pushed through because Karla Homolka, having completed a 12-year manslaughter sentence, would have been eligible for parole under the old legislation and the government used her example to push for legislative changes. It essentially allows the National Parole Board to “deny any pardon that would bring the system into disrepute”.

The second part of the bill – C-23B: Eliminating Pardons for Serious Crimes Act, is currently before the house. It addresses the remaining aspects of Bill C-23 with such things as substituting the term “record suspension” for “pardon” and extending the period of ineligibility for a record suspension to five years from three for summary conviction crimes, and to 10 years from five for more serious indictable offences such as manslaughter. It also makes those convicted of sexual offences against minors and those who have been convicted of more than three indictable offences as ineligible for a record suspension.

And as with the other current ‘tough on crime’ legislation initiated by the Tories, there is no evidence that this Bill will result in gains to public safety or that it will further the objective of protecting victims. Instead, it’s been described by Kim Pate, executive director of the Canadian Association of Elizabeth Fry Societies, as “yet another sad and sorry attempt to inflame, rather than to inform, the public.”

First, to be clear, pardons do not mean that people’s criminal records are erased, but that the information is removed from public record so as to improve their chances of obtaining employment and reintegrating into society. For example, a pardon ensures that a sexual offender’s criminal record doesn’t show up on checks of the Canadian Police Information Centre, unless the offender applies for a job involving children, the disabled or any vulnerable group of people.
Pardons can only be applied for after the expiry of a sentence, which means people have paid all restitution orders, served all of their time and satisfied their probation orders. Since 1970, more than 400,000 Canadians have received pardons,96% of which are still in force – meaning the recipients remain crime-free within their communities.
But the government is proposing to extensively lengthen the amount time before which people can apply for pardons – to 5 from 3 years for summary conviction crimes, and to 10 from 5 years for more serious indictable offences, such as manslaughter
And in addition to delaying pardons, the cost of applying for pardons will increase to $631. Only 2 months ago they already bumped the price to $150 from $50. This may not seem like a lot of money too most, but to people who have been unable to find real work due to their criminal records, this could be an insurmountable obstacle.
Because without a pardon – in other words with a criminal record – a person’s chance of finding decent work is extremely limited. And lack of employment is very highly correlated with likelihood to re-offend. Unpardoned, people also continue to live with stigma and oppression, exacerbating such things as low self-esteem and social isolation which further contribute to anti-social behaviour.
So essentially, by making it harder for people to obtain pardons, the government is increasingly the chances that they will commit more crime – in other words, actually threatening the safety of communities.
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