Michael Ashby

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

President of National Pardon

Archive for the ‘Criminal Records’ Category

Bill 88: Quebec

July 26th, 2010 Filed in Criminal Records by Michael Ashby

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Anyone working in anything remotely security related in Quebec will have to perform background checks in addition to paying extra fees (who would have thought?) for a permit. The bill adopted four years ago came into effect recently and one thing that is clear is anyone with a criminal record will have to have it pardoned before the permit can be issued.

The National Pardon Centre is able to fingerprint you onsite, obtain your background check and, if a record does show up, we can take care of that too. Don’t delay. A criminal record can seriously affect your life at any time.  And it is definitely not worth risking your job when it can be pardoned fairly easily.

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.

What to watch out for: part 3

June 9th, 2009 Filed in Canadian Pardons, Criminal Records, National Pardon Centre, Pardons Canada, criminal record, pardons in canada by Michael Ashby

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I would like to advise my clients and the general public that the National Pardon Centre is committed to maintaining a level of service and commitment to our clients and their needs which is not offered by other institutions. Our clients and the general public should be aware that the website referred to in the image below is in no way affiliated or associated with the National Pardon Centre. This website may be in violation of federal trademark laws and we are currently exploring all legal remedies to have it removed.

continued below….

nationalpardon-02.jpg

Mr. Peter Dimakos is the owner of the URL attached to this website. Mr. Dimakos works with Canadian Pardon Services, a small company operating in Toronto. I can only speculate into Mr. Dimakos’ motives, but it is our resolve that all remedies will be pursued to ensure our trademark is respected and to ensure that our clients and the public are not confused between the National Pardon Center and any other entity.  

I apologize if anyone has exprienced any trouble with this site and would like to add that if you are looking for a trustworthy company to handle your case please contact us at the  National Pardon Centre. We provide free consulations and we give honest trustworthy counsel.

Sincerely,

Michael Ashby
Communications Director
http://www.nationalpardon.org/

http://nationalpardoncentre.net/images/index_01.gifhttp://nationalpardoncentre.net/images/index_01.gif

Pardon me, please

February 23rd, 2009 Filed in Canadian Pardons, Criminal Records, criminal record, criminals wanted by Michael Ashby

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Ex-cons are seeking a lot more pardons these days as criminals try to put their past behind them

Reposted from  www.ottawasun.com

By KATHLEEN HARRIS, NATIONAL BUREAU CHIEF

The number of ex-cons seeking pardons has doubled as more employers and volunteer groups screen applicants for criminal records.

Last year, more than 30,000 people applied for pardons, and that number is expected to jump to 36,000 or more this year. That’s up from 16,000 just a few years ago.

The steep climb is also because more private businesses are sprouting up advertising help with the pardon process — a service that can cost $500 or more.

Corita Harty, director of pardons and clemency for the National Parole Board, said most who apply are granted, if they have proven themselves law-abiding citizens. But she said strict rules are in place — including completion of sentence, payment of all court-ordered fines and a waiting period of three to five years.

“They aren’t just doled out,” she said.

Dangerous offenders and “lifers” with murder raps are ineligible, but all other offenders can apply for a pardon that essentially seals off their criminal record. Most people seeking pardons are for “relatively minor” offences such as petty theft, impaired driving and pot possession.

About 10% of Canada’s population has a criminal record, and about 5% are eligible for a pardon. About half apply.

Harty said a pardon doesn’t wipe out a criminal record, it just sets it aside. If the person is convicted of another offence, the pardon can be revoked.

“It’s a stringent process, but one that contributes to our overall mandate of public safety because it facilitates integration of people in society as law-abiding citizens,” she said. “And it works, because 97% of those who receive pardons, those stay in effect.”

In a recent performance report tabled in Parliament, the National Parole Board noted the workload spike from increasing requests had created a “serious situation” for the program. But Harty said the backlog problem has now been addressed and the process is speedier despite the rising tide of new requests.

Keri Wallis, manager of the Montreal office of the National Pardon Centre, said the higher demand for pardons is due to greater scrutiny for jobs, adoption or travel.

Many just want to remove the “stigma” of a criminal record on their file, which is open for the public to see in some provinces.

She said their for-fee service is “guaranteed” as offenders rarely get turned down if they fill the requirements.

“If the person serves their sentence and they have good conduct, they should not have any problem,” Wallis said.

“The only way you can get turned down is if you re-offend or if you have a little mishap with the law.”

Harty said applications facilitated by third parties that often charge “exorbitant fees” do not get processed in any preferential order.

KATHLEEN.HARRIS@SUNMEDIA.CA

To view the original article please click the link below:

http://www.ottawasun.com/News/National/2009/02/22/8481056-sun.html