Michael Ashby

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

President of National Pardon

Archive for November, 2011

Unpardonable policy: The Toronto Star

November 30th, 2011 Filed in pardon by Michael Ashby

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 The Toronto Star picked up an editorial of mine that calls on the Conservative government to see reason on the crime bill, specifically on the pardons section. Of course I am not naïve enough to think it might actually make a difference but I still think it is important to have our views expressed. To read the article online, just click the following link. Otherwise it is reprinted below:

http://www.thestar.com/opinion/editorialopinion/article/1094559–unpardonable-policy

You haven’t struggled to find work until you’ve struggled to find work with a criminal record tied to your back. Perhaps this is the reason Canada’s pardon program is such an astonishing success. And yet the Conservative government is happy to ignore this fact. But with less than 4 per cent of offenders granted a pardon ever committing another crime, common sense tells us there is not much room for improvement. Unfortunately, when it comes to criminal justice the Conservatives are unable to admit what they are actually trying to achieve. The pardon example is but one of many.

Since the pardon program was created, more than 400,000 people have been granted a pardon. A criminal record would have prevented them from finding decent employment, volunteering, travelling freely, etc. The vast majority of people granted a pardon do not reoffend because they are no longer involved in criminal activity. It really is that simple.

Despite all the evidence to the benefits of a pardon, the Conservative government is adamant. It is not in the business of forgiving criminals. But this misses the point of the program entirely. A pardon is about allowing people to find a decent job, which a vast body of criminological evidence shows is the best way to keep people away from a life of crime. Take that chance away and the path forward is predictable.

Still, there are some criminals who should never be granted a pardon. Even the most left-leaning of us would have to agree on that. Look at the case of Karla Homolka, who was recently eligible for a pardon. The problem is Homolka was not convicted of the crime she committed. Homolka was convicted of a much less serious crime as a result of her plea bargain, which ensured that Paul Bernardo would be in jail for life. Had that not been the case she would have received a lifetime sentence as well and would still be in jail where she belongs.

In that case, a pardon would be an impossible fantasy because contrary to how the Tories present this issue, a pardon for serious crimes is not that easy to obtain. And it’s important to note that since the Homolka story broke, changes to the pardon program have already been passed that would eliminate this kind of oversight from ever happening again. The Parole Board of Canada now has the power to refuse a pardon for any reason whatsoever.

Our pardon program deserves to be celebrated, not used as a tool to score political points. Unfortunately, reason is not being heard. Evidence is being ignored. And a Conservative majority means that a lot of people who might otherwise have turned things around by getting a pardon and a decent job will now be stuck sitting at home with nothing to do.

Something about that doesn’t fit with the goal. And despite all the rhetoric on victims and safety, our streets and communities deserve better. We should reconsider pardons in light of a stronger understanding of what exactly it is a pardon is supposed to accomplish. Because a decent job will keep more people from a life of crime than any hardline law-and-order agenda could ever hope to.

Michael Ashby is director of the National Pardon Centre.

Tories Willing to Discuss Crime Bill?

November 21st, 2011 Filed in Crime Bill by Michael Ashby

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Sometimes what bothers me about this crime bill is not how bad most of the measures are. After all we all have different values and if the Conservatives value punishment over rehabilitation that is their prerogative. It isn’t even that the measures don’t have a faint hope of accomplishing what they are supposed to. I start to lose my patience when this administration claims things which are not only untrue but are clearly insulting to the intelligence of anyone who has been paying attention to the debate.  I lifted the following lines from an article from Canada.com which you might want to give a read over. If so just click the link at the bottom of this post.

Conservative MP Kerry-Lynne Findlay, Nicholson’s parliamentary secretary, affirmed the government’s position during question period Friday.

“We are always happy to work with our provincial counterparts. . . . We have responded to Quebec’s concerns with a series of past amendments, as well as a new amendment that is tabled at the justice committee now,” she said.

“We are taking a balanced approach. We are listening. It is time for the opposition to end its grandstanding, support victims and support our measures on Bill C-10.”

To begin the Conservatives have shown an unwillingness to work with anyone on this bill. I have felt the attack of a Conservative MP myself during debate of Bill C-23B which is now included in Bill C-10. That the Tories have failed to show good faith in the opposition and the Canadian public on this bill is an understatement.

Next there is a not a serious criminal justice expert in the country who thinks the conservatives are taking a balanced approach. They are not listening. And the opposition is not grandstanding. The opposition is standing up for common sense and taking a firm stance against a bill that is sure to do the exact opposite of what it is supposed to accomplish.

At any rate it looks as if the damn might be breaking, if only a little. Perhaps the Tories are going to engage in some dialogue and actually allow some amendments. We can only hope because Bill C-10 is a criminological train wreck sure to cause more despair than comfort and sure to cost us an arm and leg.

Update 11.22.2011: I have been following the clause by clause review and it is becoming clear there is going to be no movement whatsoever on this bill.

http://www.canada.com/news/Feds+Quebec+discuss+crime+bill/5734581/story.html

The Pardon Association of Canada

November 16th, 2011 Filed in pardon by Michael Ashby

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The National Pardon Centre is happy to announce the launch of the Pardon Association of Canada. National Pardon Centre and Pardons Canada have founded Canada’s first industry association for pardon and waiver service providers. The site and the association are very new so we are still just two members but we hope to attract a few more of the legitimate companies early next year.

Please take a moment and view the association website. If you have any comments about how we can improve the industry or the association I would love to hear from you.

Visit the Pardon Association of Canada

National Pardon Centre Supports These Movements

November 16th, 2011 Filed in pardon by Michael Ashby

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There are a couple of organizations doing a very good job of promoting opposition to the Harper crime bill which has shown itself to be so full of ideology as to be completely separated from reality. It is a shame that many people take this form of politicking seriously but that is the nature of the beast, the name of the game.

If you are concerned about our criminal justice system being pushed to the far right please take the time to review these campaigns and join the opposition. Bill C-10 would take Canada’s judicial system towards the failed American model of rigid punishment without compromise. This would come at a time when the courts are already overwhelmed, when crime is trending downward, when a majority of Canadians are seriously questioning the war on drugs. The bill simply does not make sense.

This issue goes beyond ensuring draconian changes to the pardon system do not take place. It is about keeping Canada safe and not succumbing to the fear mongering being pushed by the conservative majority. Take a stance. Join the movements. Simply click through and get involved.

WWW.AVAAZ.ORG

http://www.avaaz.org/en/stop_harpers_cruel_crime_bill/?sbc

WWW.LEADNOW.CA

http://leadnow.ca/keep-canada-safe

 

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