Archive for February, 2012

Pardon the agenda

February 29th, 2012 Filed in pardon by Michael Ashby

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Pardon the agenda

The Conservatives  not only wants to send more people to jail more often and for longer periods of time, they want to make sure that those who finally get out will not work a decent job for as long as possible. They want to prevent people from obtaining a pardon. In this day and age job hunting with a criminal record is about as about promising as fishing without a hook.

There are many arguments to be made in favour of an accessible pardon program. The astonishingly low rate of recidivism is the most important. Since the program began more than 400,000 people have been granted a pardon. The number of people, who subsequently reoffend, most often for minor crimes, amounts to about 4%.

With success in the 96% range there can be no legitimate argument against the effectiveness of a pardon. To think that a social program aiming to rehabilitate offenders into society could do better is to live in a fantasy land where common sense has no place and evidence has no meaning. Canadians demand a better approach.

A pardon is obviously a powerful incentive. If you make a mistake with law you must pay your debt to society. But once that debt is paid, once the sentence is complete, the criminal justice system says that one day you will be eligible to have your criminal record sealed. In other words, if you stay out of trouble with the law, one day a pardon will allow you to look for a job with a hook on the end of your line.

The Conservatives want to take that possibility away for some people, and make the waiting period much longer for the rest.

The former approach fails in the face of common sense. If the debt is paid the punishment is over. But denying the possibility of a pardon and a decent job forever is obviously another form of punishment. And the Conservatives might consider that anyone who receives a lifetime sentence, as handed down by the courts, can never get a pardon anyway.

The latter approach fails due to an absence of evidence. Asking offenders to live a law abiding life before being eligible for a pardon does make sense. Few of us would argue with that. But there is nothing to suggest that the current waiting periods are inappropriate or ineffective. Nothing even close to an argument is being offered, let alone evidence that might support it. With a 96% success rate we have to wonder what it is the Conservatives are trying to accomplish.

Changes to the pardon program, therefore, must be for ideological reasons. It is impossible to arrive at any other conclusion because there is no argument being made and no evidence being offered to support the changes contained in the omnibus crime bill. The Conservative government is simply telling Canadians that these changes will make us safer, that they are the right thing to do. We just have to trust them.

The problem is the lives this will affect and the families that will continue to struggle. I have spoken to many people who are just about to get things back on track. They would become eligible in the next few months for a pardon after completing their sentence and having had no trouble with the law for quite some time. But when the omnibus crime bill passes the hopes of a pardon and a decent job go out the window, for quite some time. Why? We can’t say. It’s just because the Conservatives want it that way. Try telling that to someone struggling to find work.

The Conservative government needs to reconsider its position on pardons. It should try to understand that people really can change. But most of all the Conservative government, being the party of fiscal responsibility, should recognize what a decent job does for the life of someone trying to build a positive future.

Fingerprinting

February 21st, 2012 Filed in pardon by Michael Ashby

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Fingerprinting.

There are two very separate types of fingerprinting in Canada: civil fingerprinting and non civil fingerprinting.

Non civil fingerprinting is the kind done by police when someone is arrested. Most reasonable people do not want any part of this.

Civil fingerprinting on the other hand is much different. Civil fingerprinting is primarily used as a comprehensive means of identification and has nothing do with being arrested.

In this case fingerprinting is used for most commonly for background checks. Submitting fingerprints to the RCMP civil fingerprinting division in Ottawa for certification will return a certified criminal record report that, hopefully, has nothing to report. A background check done through fingerprinting is most commonly done for employment purposes but it is also done things like foreign visa applications, pardon applications, waiver applications and more.

If you require a set of fingerprints done it is either handled by your local police station or, more commonly, by an RCMP certified fingerprinting agency. The National Pardon Centre is one of the only private companies with its own server connected directly to the RCMP for civil fingerprinting submissions.

If you live near one of locations in Toronto, Montreal or Calgary you can visit us for your fingerprinting needs anytime during business hours. We are open 8.30am – 5.00 pm M-F and you do not need an appointment.

In order to fulfill your fingerprinting requirements you will need to come with two pieces of government issued identification.

And please don’t worry. All our fingerprinting technicians are very pleasant to deal with.

If you have any questions about fingerprinting please do not hesitate to contact me.

Michael Ashby

866.242.2411 x 227
mashby@nationalpardon.org

What is a pardon?

February 20th, 2012 Filed in pardon by Michael Ashby

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What is a pardon?

A pardon has several meanings but the most common and the one of interest to clients of the National Pardon Centre is the following:

A pardon is the forgiveness of a crime or the cancellation (in whole or in part) of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves.

The above definition was taken from Wikipedia and if you are solely interested in what a pardon is for research purposes you can link to the Wikipedia entry here.

http://en.wikipedia.org/wiki/Pardon

In Canada however when someone wants to answer the question “what is a pardon” it is usually in reference to the program offered by the Parole Board of Canada which seals an individual’s criminal record after a certain amount of time has elapsed in which the offender has been of “good conduct” (meaning he/she has not had any trouble with the law).

So we might make the question a little bit more specific and ask what is a pardon in Canada? A pardon in Canada is an application made to the Parole Board of Canada to have your criminal record sealed and kept separate and apart from active criminal records.

The following are some simple bullet points that will help answer the question what is a pardon in Canada?

1. It is the government of Canada that grants your pardon.

2. A pardon in Canada seals your record and keeps it separate and apart from active criminal records. If you don’t get arrested again it is essentially gone for good.

3. Private enterprises, like the National Pardon Centre, facilitate the paperwork involved in preparing an application for a pardon. It is very similar to paying an accountant to do your taxes.

4. The National Pardon Centre will handle all of the work on your behalf and will guarantee the application is done correctly, in which case there is next to zero risk of it being refused.

5. In other words we take the workload off your hands and provide peace of mind.

A pardon in Canada is a valuable thing to have and failure to have your criminal record cleared will almost certainly have negative results at some point in your life.

If you have any questions about what a pardon in Canada is just give me a call or send me an email. I’m always happy to discuss the issue.

Michael Ashby

mashby@nationalpardon.org
866.242.2411 x 227

Demande de pardon – hausse des frais de service

February 9th, 2012 Filed in pardon by Michael Ashby

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C’est avec beaucoup de regret que je dois vous annoncer que Vic Toews et le gouvernement conservateur de Harper ont procéder avec leur mandat de changer les procédures de la demande de pardon canadien en augmentent drastiquement le frais de dépôt payable a la Commission des libérations conditionnelles. Et ce, après « une consultation publique » qui a vu une opposition unanime a l’augmentation a ceci. Cela rend clairement les pardons plus accessibles pour le monde riche et affectera négativement ceux qui sont déjà du mal à mettre leur vie sur les rails.

Je dois ajouter que je pense que cette administration devrait avoir honte de son mépris évident pour l’égalité sociale et je souhaite vraiment que j’ai eu de meilleures nouvelles à signaler.

Veuillez voir ci-dessous l’annonce directe du site internet de la Commission des libérations conditionnelles.

Avis important destiné aux demandeurs de pardon : hausse des frais de service

Les frais de service exigés pour le traitement d’une demande de pardon augmenteront à 631 $ à compter du 23 février 2012.

Les demandes reçues ou oblitérées par la poste avant le 22 février 2012 ou à cette date seront acceptées sous l’ancien frais de service de 150 $ pour autant qu’elles soient jugées admissibles et complètes par la CLCC au moment de la réception.

Les demandes non admissibles ou incomplètes seront retournées avec le versement des frais de 150 $. Ces demandeurs devront payer les nouveaux frais à partir du 23 février 2012.

L’augmentation des frais de service s’inscrit dans le projet du gouvernement de mettre en place un nouveau système où les utilisateurs doivent assumer le coût du traitement d’une demande de pardon.

L’imposition de frais plus élevés accroîtra la capacité de la CLCC de s’acquitter de sa charge de travail liée aux pardons et de satisfaire aux exigences opérationnelles découlant des modifications apportées à la Loi sur le casier judiciaire (LCJ). Cela assurera l’efficacité du programme de pardon et sa viabilité, et d’assurer à la CLCC les moyens de continuer de remplir son important mandat en matière de sécurité publique.

Les demandeurs de pardon qui désirent obtenir de plus amples renseignements ou ont besoin d’aide pour remplir leur demande peuvent s’adresser à la CLCC par l’un des moyens suivants :