The National Pardon Centre™

I just spoke with a nice enough guy today who had been imprisoned for ten years for attempted murder (you would be surprised how many of the guys with serious records are the nicest people to speak to. On the other hand the shoplifters can be a nightmare).

Some of his fellow inmates had explained to him that if you wait 7 years after getting out of prison your criminal record with be expunged automatically. I want to make it clear that such is not the case. A criminal record NEVER goes away until you make the application to have it removed. In other words, until you apply for your pardon the record is staying put.

One of the statistics we deal with in the pardon business on a frequent basis is the percentage of Canadians with a criminal record. The most common number is 10% but I have numbers all the way up to 30% thrown around. All the time we hear that 10% of the population in Canada has a criminal record. But the issue is complicated by a few factors. We cannot just say that given a population of, say, 33 Million people we can safely assume that 3.3 million  of us has a criminal record. We need to ask a few more question before we could hope to arrive at a reliable prediction.

Here are a few things to consider:

• Does 10% include people arrested but found not guilty?
• Does 10% include people who have obtained Canada pardons?
• Does 10% include people who were only questioned by police but never charged?

The problem is that there are criminal records and then there are criminal records? In the vague sense a criminal record is any type of documentation attesting to a confrontation with the law and subsequent police intervention. In the specific sense a criminal record is a documented guilty conviction with registration of the offenders name in CPIC (Canadian Police Information System). A criminal record is not just black and white.

The problem is that even if we answered all the questions above it would still be extremely difficult to assess the actual number of criminals, or people living with a criminal record, in Canada. But the 10% solution is a good compromise. And while it may seem like a relatively large percent of the population it really isn’t. One thing I like to tell people is that crime is not going anywhere. Put all the indivdual and societal blames aside for a moment and consider that policing is a job someone is paid to do. If that person isn’t making arrests there is no more job. This is not to imply the the police make arrests without due cause. It is just to point out that policing is a career. 

Let’s face it. For all the good people do in the world we still haven’t found a way to stop people from doing bad. And so long as they do we will always have the police there to catch as many of them as they can. And besides, at least with the cases I deal with, it is mostly just people making mistakes. In other words, all those criminals out there are just a bunch of people being human.

The pardon system in Canada is not well understood. For the most part, the people who need a pardon look into the available avenues and in the process learn a little bit about Canada’s pardon program and how it works. On the other hand those who don’t need a pardon usually don’t bother with it at all and as a result, understand very little about it.

But every once in awhile I encounter someone with very little understanding of the pardon program, no need of the pardon program, but who nonetheless has strong feelings about pardon and those who would pursue the removal of a criminal record.

Usually in this case I’m dealing with the farther leaning right wing crowd and more often than not this type of person has decided that the whole business of pardons is for the birds. Or to put it in other terms, they  don’t believe that a person can change. Once a bad nut always a bad nut, they claim, and the tag of criminal record should always apply. Pardons simply undermine police ability to do their work.

But closer inspection of the pardon program in Canada’s reveals that the vast, VAST, majority of those people who would pursue a pardon have been arrested long, long ago for relatively trivial matters. The criminal justice system rarely exists in a world of black and white. Those who are arrested are not necessarily bad guys. On the other hand those who stay away from the long arm of the law aren’t necessarily the good guys either.

The bottom line is that everyone makes mistakes. And if we penalized ALL of us for life just because we made a mistake we would all be carrying a very heavy burden.

So if you don’t believe in the pardon program in Canada please give it some more thought because chances are you know someone who is a good person but who also has a criminal record. That person, just like all of us, deserves a second chance at a good name.

People sometimes get confused when they have been to court about what they have been charged with. Court can be a traumatic experience particularly for those people who made a simple mistake and were only arrested once in their life. The first time in court is the worst so it is easy for the mind to block out the memory of it. At best most people remember the experience as a little vague. And as time passes a vague memory rarely becomes more detailed.

One of the things people rarely remember after going to court is if the charge was summary or indictable.

The term “summary offence” corresponds with “misdemeanor” in the American lexicon .  On the other hand an “indictable offence” in Canada would correspond with a Felony conviction.

This is just a way for the courts to categorize offences as being less serious (summary) or more serious (indictable) in nature.

For example, a DUI charge which is considered a serious crime in Canada is still rarely categorized as an indictable offence unless someone was hurt in the process. On the other hand something like manslaughter is always indictable.

Some charges can go either way and is left to the discretion of the prosecuting attorney which further complicates the matter. If you are unsure of how your charge was cetegorized there is really no way to be certain unless you have access to your criminal record or court documents.

And finally as far as this all relates to Canada pardons and the pardon process just keep reading.

Once you have completed your sentence the following waiting periods must be met before you are eligible for a pardon:

Summary offence: 3 years

Indictable offence: 5 years

But remember to start the paperwork well in advance as it will save you some time.