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Will Canada Can Pardons?On May 11, 2010, the Canadian government tabled a bill that effectively abolished criminal pardons. Under the proposed legislation, most people who are convicted of a criminal offence will be able to apply for what is called a record suspension. Current Procedure for Applying for a Criminal Pardon All criminal charges are prosecuted either by indictment or under the less serious summary conviction procedure. Some offences are indictable, some are summary, and others can be prosecuted either way. In the latter case, the Crown decides which way the prosecution will proceed. Currently, convicted criminals are eligible to apply for a pardon three years after their sentence for a summary conviction ends or five years after their sentence ends if the conviction was for an offence that proceeded by way of indictment. A sentence is completed when the fine is paid, any period of probation comes to an end or when a jail sentence finishes. Jail sentences are only completed for this purpose after any parole or early release period comes to an end. There are currently no restrictions on the type of offence for which a pardon can be applied for. However, given the definition of when a sentence is completed, those who are sentenced to life imprisonment are never eligible to apply. Any prisoner who is serving a life sentence and is released remains on parole for the rest of their life. Those who have completed their sentences and have waited the required time can apply to the National Parole Board who can decide whether to grant or deny the pardon. The National Parole Board also has jurisdiction to revoke pardons where the person pardoned has been convicted of subsequent offences. The applicant need only show that they have not been in any further trouble with the law since their sentence was completed. According to CBC, there were 24,134 applications for pardons during 2009/10 and 98.2% of these were granted. Changes Proposed by Bill C-23 The bill abolishes the term “pardon” and replaces it with “record suspension”. The reason for this eliminates the idea that the person who receives a pardon has been forgiven by society. Under the current bill, they are not forgiven but their criminal record is suspended provided that they get in no further trouble. The time period when a person can apply for a record suspension is increased. Those who are convicted of a summary conviction offence must wait five years instead of the current three while anyone who was convicted of an indictable offence must wait until 10 years from the time the sentenced has expired to be eligible to apply. This is twice the time under the current pardon legislation. Anyone who is convicted of at least three indictable offences that carry the maximum penalty of life imprisonment been sentenced to more than two years in jail will be ineligible to apply for a record suspension. Those who have been convicted of sexual offences against minors will also be ineligible to apply for a record suspension. A narrow exception exists for those offenders who are close in age to the victim and whose crimes did not include threats or violence. A further change is that applicants who want their criminal records suspended will have to provide more information to the parole board as to their present good character. It will not be enough to simply show that no further convictions were registered since the completion of the last sentence. The National Parole Board will have more power to refuse applications than they currently possess. Critics of the bill say that the proposed legislation is simply a knee jerk reaction to revelations about hockey coach Graham James. James pleaded guilty in 1997 to sexually assaulting former NHL player Sheldon Kennedy and another unnamed player. He was sentenced to three and a half years in jail and in early April, 2010, the Canadian Press revealed that he had received a pardon in 2007. The pardon of James brought out the fact that schoolgirl killer Karla Homolka will be eligible to apply for a pardon shortly. The government only began changing the legislation when the fact that James received a pardon was publicized. The bill was drafted and tabled in a little over a month and critics charge it was not fully thought out. Others point out the fact that not all those persons who have been convicted of sexual activity with minors are pedophiles and there is a possibility that these offenders can be rehabilitated and lead crime free lives. The same holds true for those who have been convicted of three indictable offences and then manage to turn their lives around. It is argued that the new provisions will adversely affect these people in limiting their job prospects and travel and therefore their rehabilitation. Critics also point out that lengthening the time before an application can be made works against young people who manage to turn themselves around at a fairly young age. Those who are strong law-and-order types applaud the legislation so that the crimes of people like James and Homolka are never erased. They hold the view that those who engage in sex with minors or who are habitual offenders should never have their records sealed. The government is hoping that the bill will pass before the House rises for the summer in order to prevent Homolka from applying and receiving a pardon for her convictions. |
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