Michael Ashby

Discussing the Concerns of the Canadian Pardon and US Entry Waiver Industry in Canada

President of National Pardon

Archive for October, 2009

I do not drink and drive AT ALL, am I alone? (self.AskReddit)

October 29th, 2009 Filed in National Pardon Centre by Michael Ashby

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By far themost common crime I deal with on an average day doing pardons is DUI. No question about it. So when I came across this post from reddit.com I had to repost it to my blog here.  I suggest linking through to the actual post itself to read the discussion that followed. It is definitely worth a read.

 http://www.reddit.com/r/AskReddit/comments/9ypdl/i_do_not_drink_and_drive_at_all_am_i_alone/

 

 

 

 

National Pardon Centre receives RCMP accreditation for electronic fingerprinting

October 20th, 2009 Filed in National Pardon Centre by Michael Ashby

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MONTREAL, Oct. 19 /CNW Telbec/ – The National Pardon Centre-Canada’s not-for-profit pardon centre that assists Canadians from coast to coast with the clearance of criminal records-is now a Royal Canadian Mounted Police (RCMP) accredited, electronic fingerprinting and identification agency.

Fingerprinting is the first step in any pardon or waiver application. It is a process that must be completed by all applicants, and one that in the past-using ink and paper print methodologies-could take up to 12 months to complete. Prior to receiving the RCMP accreditation, The National Pardon Centre (NPC) invested heavily in leading-edge electronic fingerprinting technology, such that it’s now possible to complete the fingerprinting process in a mere 72 hours. The electronic system is available only in city centres, so NPC also made a significant investment in card scanning. “We’ve now eliminated geographic barriers to beginning the pardon or waiver application process,” says

Michael Ashby, director of the National Pardon Centre. “No matter where you live in Canada, you can benefit from this technology,” he adds.

Receiving the important stamp of approval from the RCMP is the culmination of a rigorous, three-year undertaking that involved systems up-grades and organizational and employee security screening. “We sought this accreditation because, frankly, our clients come first,” explains Ashby.

Until recently, electronic fingerprinting simply wasn’t available. “We’re really at the forefront of this system that the RCMP has introduced,” says Ashby. “We wanted to offer our clients the benefit of a ‘one-stop shop,’ that not only meets-but exceeds-their needs and expectations. The National Pardon Centre continues to provide the best pardon and waiver service in Canada. Nothing is outsourced.”

Through its web site (www.nationalpardon.org), Alberta and Quebec locations, the National Pardon Centre assists people in obtaining U.S. entry waivers and criminal records pardons; making the process easier and more affordable.

Fingerprinting is conducted onsite at NPC’s Montreal and Calgary walk-in centres, or offsite for groups of 20 or more, using their mobile services. There is no additional charge for fingerprinting; the service is included in the cost of obtaining a pardon or waiver.

The National Pardon Centre also offers background checks, and free community education, seminars and client assessments.

For further information: Media: Keri Wallis, (514) 842-2411 (X 225); Michael Ashby, Director, National Pardon Centre, (Day) (514) 842-2411 (X 227), (Night) (514) 875-2466, Toll Free: 1-866-242-2411, info@nationalpardon.org; http://www.nationalpardon.org

My Canadian Pardon: If someone asks, should I tell?

October 14th, 2009 Filed in Canadian Pardons, Criminal Records, Employment, National Pardon Centre, criminal record by Michael Ashby

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A lot of my clients ask if they are required to tell people about their pardon if asked. This usually applies to things like job applications and the US border. I have discussed the US border in length on this blog so for the purpose of this article I will just discuss how this situation affects things here in Canada, particularly in relation to job applications. The truth is that there is no correct answer but hopefully some of the following information will be of help.

11. When asked if I have a criminal record after obtaining a pardon, what should I say?
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You cannot deny the fact that you were once convicted of an offence. However, you may choose to disclose that you have obtained a pardon, which is proof you are a law-abiding citizen. The correct response would be: “Yes, I have been convicted of a criminal offence for which I have been pardoned.”

That answer does beg the following question though: If I choose NOT to tell about my pardon, then what happens? The best answer I can give is that nothing happens at all (there are some exceptions with certain job application that require extensive security clearance but you would be giving your permission in advance for a more extensive search to be done anyway. For the average old job app’ there is not much to worry about).

In the case of a job application if you lie to your employer and he/she finds out, then that would be grounds for dismissal. But I am fairly certain that if you admit you have a criminal record, then you are not getting the job anyway. It is your call. You be the judge.

You should be aware that there is really no straight answer to this question and there is certainly nothing written down in the law books. If you lie about having been convicted of a crime there is no legal penalty that I have ever heard of. So if the Parole Board says you cannot deny that you have been convicted, you might want to ask yourself “why not”?

The Canadian Human Rights Commission states the following in relation to pardoned criminal convictions:

Discrimination and Harassment
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Section 25 of the Act defines this ground as a conviction for which a pardon has been granted by any authority under law.
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Once a pardon has been granted, differential treatment because of a conviction for that crime is prohibited. People who have been pardoned of conviction of an offence deserve the same chance as everyone else to make the most of life.

I think it is nice that the Human Rights Commission makes the above statement but the problem is that we all know that human nature is not so forgiving. In a job interview if it comes down to you and another person and you are the one with the criminal record, we all know who is getting the job. I may disagree with the National Parole Board on this one but if I had a pardon for an old criminal conviction I would certainly just say NO when asked if I have ever been arrested. Since no one can find out anyway, why would I disclose my pardon?

Please keep in mind that this is not legal advice. This post is just my understanding of the system and some of my own judgment. In the end you need to evaluate each situation you are in and decide for yourself whether or not you must disclose your pardon.

When it comes to pardoned Canadian criminal records, I am afraid there are few straight-forward answers.

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