Canadian Government and the new Pardon system

Express Pardons outlines the huge impact of the Canadian Governments role in Pardons and the new changes to come.

With Conservative Majority, the Pardons System now faces huge changes in the times to come. The Canadian Government has pledged to pass their new criminal legislation within 100 days of winning majority.

We are now down to the wire.

Some of the changes we can expect to see in the Pardon system include an exponential rise in the processing cost, stricter eligibility requirements which will make it more difficult or even impossible for serious criminals to obtain a pardon and much longer processing times that could mean years to completion.

To get rid of your criminal record, start your application today

Express Pardons Lobbies for Rights

Following recent proposals to increase the pardon application fee in Canada from $150 to $631 (up again from $55 in 2010), Canadians have expressed outrage over the proposal to quadruple pardon fees in Canada.  Read more about the fee increase here.

Express Pardons has now reached out to members of Parliament in an effort to stand up for client rights regarding the proposed pardon fee increase. The letter, in opposition to the proposed fee increase, is here.

• Fees were already raised from $55 to $150 in December 2010
• The new fee would quadruple the already recently increased fee
• The proposed pardon fee will make pardons unaffordable for many Canadians
• Express Pardons opposes the new proposed pardon fee increase

What is the National Parole Board?

Adding to the Express Pardons article on the role of the National Parole Board, The National Parole Board is a Canadian Government agency that is responsible for Canadian Pardons.  The National Parole Board can grant pardons, deny pardon applications, cancel pardon applications, terminate pardon applications and revoke pardons, day parole and full parole.  All Canadian pardons are processed through the National Parole Board.   The National Parole Boards acts under the authority of the Criminal Records Act which gives them the guidelines and parameters to grant, deny or overturn pardons.  The National Parole Board will grant pardons based on pardon laws and legislation that are determined by the Canadian government.

Pardon Reform – Canadian Government Finds Common Ground

Metro News today reported that that government legislation regarding pardon reform has come to a general consensus regarding one aspect of changes to the pardon system; that convicted pedophiles should never be eligible for a Canadian pardon.

Pardon consensus reached

Three different government parties all supported the legislation change that would make convicted sex offenders not eligible for pardons should the reforms be approved.   This legislation reform has been brought forth in response to wide spread outrage over convicted sex offender Graham James having been pardoned in 2007.
Government leaders hope to pass the new legislation changes which would ultimately make offenders like James no longer eligible for a pardon in Canada, and are seeking to do so before the end of the fall session of parliament, which ends in less than a week.  Currently, sexual offenders who receive pardons for their offences are still flagged in the system to prevent them from working or volunteering with vulnerable sectors (children, the elderly or the ill).
The new legislation proposes a further measure to protect children; the Canadian government recently passed the requirement that anyone applying to work or volunteer with vulnerable sectors be subject to a fingerprint clearance if their sex and date of birth match that of someone in the registry.
Recent pardon legislation changes also increased eligibility wait times for certain offences from 5 years to 10 years.
Express Pardons – industry experts, have released a statement in this regard.

GPS Tracking for Criminals?

First SCRAM ankle bracelets for individuals and ignition interlock devices for cars to monitor alcohol consumption, now GPS systems used specifically to track the whereabouts of criminals?

It could happen if provincial justice departments get their way. The idea was proposed to track offenders that are released on the conditions of a peace bond, a common sentence for individuals involved in domestic disputes and spousal abuse. The sentence is handed based on the condition that the offender keeps the peace, and stays away from their victim, for an allotted period of time in order to meet the conditions of their sentence and ultimately stay out of jail.

With the proposed GPS tracking systems, offenders released on the conditions of peace bonds could have their whereabouts monitored at all times. For an offender convicted of spousal abuse, monitoring bracelets could be enforced to keep an eye on the offender and provide additional protection to the offender’s victim, with the hopes of ultimately preventing further abuse. It is unclear as to whether or not this will pass into legislation but lawmakers hope to have this program introduced into the legal system.

Express Pardons can help individuals with criminal records obtain Canadian Pardons and US Entry waivers.

Concern over Criminals Coming into Canada aboard Migrant Ships

Government officials continue to reassure Canadians that each person who arrives in Canada aboard a migrant ship will be interviewed and assessed one by one to determine whether or no they are involved in any kind of criminal activity. According to Public Safety Minster Vic Toews “Officials from the Canada Border Services Agency will take the time necessary to identify and process individuals [and] and any individuals who endanger national security or who have engaged in the criminal enterprise of human-smuggling will be prosecuted to the full extent of the law.”

This statement came following concern over the identity of individuals entering the country as refugees aboard the migrant ships. Migrant ships can be part of larger human-smuggling and human-trafficking organizations where criminals attempt to take advantage of Canada’s liberal refugee and immigration laws. According to Toews, the goal of the Canadian government “Is not to stall or stop political refugees, or refugees generally…[the goal] is to ensure that our refugee system is not hijacked by criminals or terrorists.”

If these individuals remain in Canada they will be expected to follow the laws that apply to every Canadian citizen. Express Pardons clears Canadian criminal records and helps Canadians enter the US if they have been denied entry.

Fingerprinting Required for Certified Criminal Record Searches

A criminal record check is required for both pardon and waiver applications.  In order to obtain a certified criminal record from the RCPM CPIC database a person has to have their fingerprints done for the purpose of a pardon or waiver, depending on the application.  Fingerprints can be done at any local police station or there a number of private locations across Canada that can take fingerprints for either application.  Once the fingerprints are completed they are sent to the RCMP who will in turn generate the criminal record.  The criminal record will show all charges for an individual that are found on the Canadian criminal record database.  According to the RCMP:

• The Canadian Criminal Real Time Identification Services destroys fingerprint submissions relative to civil screening (including Vulnerable Sector Verifications) when the search process is completed. The fingerprints are not added to the RCMP National Repository of Criminal Records and are not searched for future purposes.

This means that any person can get a criminal record search done without worrying about whether or not doing so will flag them in a system or create a new record.  Getting fingerprints done is the only way to get a certified criminal record check done in Canada.  The certified criminal record is a requirement of both the Canadian and US governments.  Contact Express Pardons for all your pardon and waiver questions or to start an application today.

The National Parole Board and Canadian Pardons

The National Parole Board is a branch of the Canadian Government within the Ministry of Public Safety Canada.  Every pardon application is submitted to the National Parole Board and the board is responsible for approving or denying each application.  The Board is also an independent administrative tribunal that has exclusive authority under the Corrections and Conditional Release Act to grant, deny, cancel, terminate or revoke day parole and full parole.

• The National Parole Board (NPB), as part of the criminal justice system, makes independent, quality conditional release and pardon decisions and clemency recommendations. The Board contributes to the protection of society by facilitating as appropriate, the timely reintegration of offenders as law-abiding citizens.

• The Criminal Records Act (CRA) authorizes the National Parole Board to grant or refuse to grant pardons to persons convicted of offences under federal acts and regulations and to revoke a pardon or, under specific circumstances, declare that a pardon ceases to have effect.

According to the National Parole Board:

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

Express Pardons works closely with the National Parole Board guidelines to ensure that all pardon applications submitted on behalf of our clients are approved.  Please contact Express Pardons for more information regarding pardon applications.