Michael Ashby

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

President of National Pardon

Archive for the ‘Crime Bill’ Category

Pardon The Agenda

January 14th, 2012 Filed in Bill C-23, Crime Bill, National Pardon, National Pardon Centre, Pardon and Waiver service by Michael Ashby

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The Conservatives not only want 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.

Happy New Year from the National Pardon Centre

January 3rd, 2012 Filed in Canadian Pardons, Crime Bill, National Pardon Centre, Record Suspension by Michael Ashby

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I would like to wish everyone a very happy and prosperous new year for 2012. The past couple of years presented a lot of challenges in the pardon business due to the Conservative government’s assault on criminal justice (this was the phrase of a colleague I could not resist re-using). Although Bill C23-B has not yet passed it is included in the omnibus crime bill that has had the criminal justice community shaking its collective head for some time now.

We expect the crime bill to pass in the next few months and I personally do not have a lot of hope that anything to do with pardons will be amended. I am sure that if the bill passes in its current form we will see a number of charter challenges filed very soon after but I do not know of anyone with the resources or inclination to challenge the pardons section.

So I am sure we can expect pardons to become record suspensions in the next few months. If the bill ended there it would not be so bad since a simple name change doesn’t affect anyone in any real way. Unfortunately the bill contains some very real measures which will make it more difficult and take much longer for people to obtain a pardon. And in some extreme cases a pardon or record suspension will no longer be available at all.

Of course there is still time to make our voices heard. Contact your local MP and express your dissatisfaction with the current government and its stance on crime. There is no shortage of criticism for this bill. But unfortunately the Conservative government is happy to ignore just about all of it.

Happy new year to all!

Michael Ashby

mashby@nationalpardon.org

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

John Howard Society Letter to the Premier and Justice Minister of Manitoba

November 1st, 2011 Filed in Bill C-23, Crime Bill, pardon by Michael Ashby

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October 28th, 2011

Premier Greg Selinger
Attorney General Andrew Swan

On behalf of the John Howard Society of Manitoba, I am writing to ask that your government speak out against Bill C-10, currently being debated in Ottawa, on the grounds that it will have dire consequences for Manitoba if implemented.  In doing so, you would be joining the Quebec National Assembly, who have unanimously called for the bill to be withdrawn, and the Official Opposition in the BC legislature.

 As you know, Bill C-10 would impose a number of new minimum sentencing requirements, limiting the discretion of judges to impose shorter and/or conditional sentences for a long list of offences.  As these minimum sentences are all under two years, those convicted are most likely to be incarcerated in provincial jails.  Minimum sentences will also mean more trials and fewer pleas, resulting in more pressure on provincial courts and longer remand.  In short, Bill C-10 will have a negative and immediate impact on a court and correctional system that is already overburdened and working beyond capacity.

 Based on earlier research done by the Parliamentary Budget Officer Kevin Marks, we foresee that Bill C-10 will have a far greater financial impact at the provincial level, with the provinces likely to spend 75 cents for every 25 cents added to the federal government’s budget.  When asked where the provinces would get the revenue to cover these increased costs, a spokesperson for Public Safety Minister Vic Toews indicated the provinces could use their transfer payments – leaving less for health and education.  I don’t think this choice is in keeping with the values of Manitoba or those of your government. 

 Lastly, the biggest fault of Bill C-10 is that locking people up longer doesn’t reduce crime, and may over time make crime even worse.  That is why the United States is currently moving away from the very strategy the federal government of Canada wants to embrace with this legislation.  What does work is prevention, addressing poverty, and creating more opportunities for employment, education and training – all things this government has shown a commitment to, especially in the inner city.  But if Bill C-10 passes, Manitoba will not have the money for these kinds of initiatives.

 I look forward to hearing your government speak out on this important issue, and to see continued support for the fight against poverty, under-education and unemployment in Manitoba.

 Sincerely,

 David Alper,

Chairperson, JHSM

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