The National Pardon Centre™

Whether you call it a pardon or you call it a record suspension it is still the same thing. Your criminal record is sealed. So just to clarify the matter the National Pardon Centre does pardons at the moment and we are pardon experts. But if the name changes we will be the National Pardon Centre: Record Suspension Specialists. Other than that it is going to be pretty much business as usual, with some expections of course.

I spend each work day speaking to people across Canada who have a criminal record and who can benefit from a Canadian pardon. So I am in a unique position to comment on the recent proposal to amend the current system of pardons.

The majority of people seeking pardons are for summary offences. Upwards of 90% of the people I speak to have never spent a day in jail. These are the people who made simple mistakes in life. They paid a small fine or served a year of probation. These are the everyday people that we all know. Ask around and it will not take long to find a friend or relative with a summary conviction and a criminal record. It is with these people that the pardon program makes the most sense. Regarding summary offences, nothing needs to be changed.

It is hard to understand why the conservative government would amend the program for summary offences at all. We can be tough on crime without losing sight of common sense in the process. Rubber stamping pardons for applicants with relatively benign criminal offences makes sense. And 3 years is a reasonable benchmark to ensure that the applicant has chosen to live by the law. I am not sure that an extra 2 years will serve the public interest. At the very least I have heard nothing resembling evidence supporting the assumption.

But with the recent uproar over the pardoning of Graham James and the potential pardon of Karla Homolka the need for reform clearly exists. Indictable offences are indeed more serious and with these` cases rubber stamping is not appropriate. Unfortunately our government has not handled the issue well because the reform deserves far more consideration that it has been given. One month is not enough time to overhaul a program that has a 40 year success record. Out of 400,000 successful pardon applications we have exactly two sensational cases. 1, in 200,000 failures is, in my opinion, an astonishing success. And yet that does not mean there isn’t room for improvement.

Since it was no surprise to anyone involved in the justice system that Karla Homolka would be eligible for a pardon, bringing up her name after the media storm smacks of politicking. Unfortunately it paints the Prime Minister as an opportunist out of touch with our judicial system and more concerned with media headlines than with the victims he claims to represent. It is their experiences that demand the reform be done in the best interest of the people of Canada. The reform needs to be made as a means of preventing future victimization first and public outrage second. And we should not lose sight of the fact that the purpose of a pardon is to rehabilitate.

What the pardon program really needs is a clearer definition of a serious offence. We can only assume that by serious offence Mr. Toews really means indictable offence. But I have seen marijuana possession charges where the crown proceeded by indictment. It would be hard to reasonably argue that such a crime sits in the same realm as the likes of Karla Homolka and Graham James. In the former case ten years to wait for a pardon is far too much. In the latter examples it is not enough.

Perhaps a third classification is required. Indictable offence is not an exclusive category and I would bet the public would recognize the difference between the Karla Homolka / Graham James cases and the majority of indictable offences that actually make it to the pardon application stage. Furthermore, for all the talk of pardon reform there has been no discussion of how the pardon program is inextricably linked to sentencing. Had Karla Homolka not secured a plea bargain she would be locked away in prison and a pardon would be the furthest thing from her mind. Had Graham James been charged with the number of offences popular opinion believes he committed he would likely be in jail as well. It is unfortunate that sentencing has not been looked at in relation to the pardon program reforms that are being proposed. 

When it comes to policy as important as this we should not be willing to settle for media headlines and politicking. We should demand much more than the very limited time and thought our government has given the issue. A better understanding of both the judicial system and the pardon program would have been a good place to start. A clear definition of what the reform wants to accomplish would be another.

Simply changing the name to “record suspensions” and making it slightly harder, or take slightly longer, to obtain the exact same result is bad policy, as sensible as some of the proposals may sound.

Often I get calls from people who think that a pardon application is just a matter of filling in a few forms and sending them off to the Parole Board for review. But this is not the case. A pardon application is a lot more involved than that. And here is the proof. Below is the Pardon Application Instructions provided by the National Parole Board. It is rather involved in my opinion. And considering the importance of a pardon it is something that should always be handled by professionals. At the National Pardon Centre your file is in good hands and guaranteed.

Pardon Application Guide

Step-By-Step Instructions

DO YOU NEED HELP?
Call the Helpline :1-800-874-2652

CAN YOU APPLY FOR A PARDON AT THIS TIME?

1. Have you been convicted of a federal offence as an adult?

2. Has it been at least three (3) years since you completed your sentence?

IF you answered “Yes” to both questions then you may be eligible to apply for a Pardon.

Note: “Completed your sentence” means that you have paid all fines, costs, surcharges, and made restitution or compensation, and completed any order of probation, conditional sentence, and incarceration (which includes time on parole and statutory release).

Summary of Pardon Application Steps

IMPORTANT

KEEP A COPY OF ALL YOUR APPLICATION DOCUMENTS FOR FUTURE REFERENCE

STEP 1: Obtain your Criminal Record or a Certification of No Criminal Record from the Royal Canadian Mounted Police (RCMP). See page 2

WAIT FOR A REPLY FROM THE RCMP BEFORE YOU CONTINUE

STEP 2: If you have additional convictions that Do Not appear on your Criminal Record then you must obtain Proof of Convictions for these missing convictions. See page 2

STEP 3: If your sentence was completed less than 5 years ago and/or you had any fines, costs, surcharges, restitution or compensation orders in the past 15 years, then you must obtain your Court Information. See page 3

STEP 4: If you are, or have ever been, a member of the Canadian Forces then obtain a Military Conduct Sheet or written confirmation of its non-existence. See page 4

STEP 5: Obtain Local Police Records Checks for each address where you have resided in the past 5 years. See page 5

STEP 6: If you were born outside of Canada and you are currently living in Canada then provide a copy of your valid Citizenship or Immigration Documents. See page 6

STEP 7: Complete and Sign the Pardon Application Form. See page 7

STEP 8: Obtain the $50.00 Canadian funds fee. Only certified cheques, money orders or bank drafts payable to the Receiver General for Canada will be accepted. See page 8

STEP 9: Send your completed and signed Application Form, with the Fee Payment and ALL documents to:

Clemency and Pardons Division
National Parole Board
410 Laurier Avenue West, 5th Floor
Ottawa ON K1A 0R1

STEP 1 – Obtain Your Criminal Record

A) Contact your local police to have your fingerprints taken.

The Fingerprint form must clearly indicate that you will be applying for a Pardon. A Criminal Record obtained for any reason other than for a pardon will not be accepted.

B) Send your Fingerprint Form and a certified cheque, money order or bank draft for $25.00 CDN, payable to the Receiver General for Canada to:

Civil Fingerprint Screening Services
Royal Canadian Mounted Police
P.O. Box 8885
Ottawa ON K1G 3M8
(613) 998-6362

C) WAIT UNTIL YOU HAVE RECEIVED YOUR CRIMINAL RECORD BEFORE YOU CONTINUE.

• You may receive a Certification of No Criminal Record. If you do, you may use this instead of a Criminal Record when applying for a Pardon.

D) When you receive your Criminal Record from the RCMP, check it to be sure that all of your convictions appear on the record.

• If all your convictions do appear on the record, go to Step 3 – Obtain Court Information.
• If you have any criminal convictions which do not appear on your Criminal Record, go to Step 2 – Obtain Proof of Conviction.

If the RCMP indicates that you do not have a criminal record, your convictions will not be on the Canada-wide system. Call the National Parole Board for advice on how to proceed at 1-800-874-2652.

STEP 2 – Obtain Proof of Conviction

IMPORTANT

IT IS YOUR RESPONSIBILITY TO PROVIDE THE NATIONAL PAROLE BOARD WITH A RECORD OF ALL CONVICTIONS THAT DO NOT APPEAR ON YOUR CRIMINAL RECORD. FAILURE TO DO SO WILL RESULT IN CONVICTIONS NOT BEING PARDONED OR MAY RESULT IN THE LOSS OF YOUR PARDON.

You must obtain a Proof of Conviction for each conviction you have that does not appear on your Criminal Record.

Contact either the court where the case was heard or the police service that arrested you and request that they provide you with a Proof of Conviction.

Your Proof of Conviction must include:

• the date and court where you were sentenced
• the offence for which you were convicted
• the sentence you received

If neither the court nor the arresting police service has a record of your conviction, obtain this fact in writing and contact the National Parole Board for assistance at 1-800-874-2652.

Note: The police and court may charge a fee for this service.

STEP 3 – Obtain Court Information

COURT INFORMATION FORM

Question Clarifications

Clarification for Question 2

Have You Used Any Other Names?
If you have ever used, or been known by any other name (such as birth name, legal name change, married name or alias), check YES and write all the names you have used. Attach a list if more space is needed. If you have never used, or been known by, any other name, check NO and proceed to Question 3.

Pease Do Not Write in the
FOR COURT USE ONLY
Section of this form

If any of your sentences were completed less than 5 years ago and/or you had fines, costs, surcharges, restitution or compensation orders in the past 15 years, then you must obtain Court Information for each of these sentences. If you were sentenced in more than one court, you will have to contact each court separately for your court information. You may need more than one copy of this form, so please make copies before filling it out.

A) Fill out Section A and Section B of the Court Information form provided on the next page.

B) Contact the court where the case was heard. Provi de them with a copy of your Criminal Record and request that they complete the For Court Use Only section of the Court Information form.

• If the court has a record of a conviction that does not appear on your Criminal Record, request that they provide you with a Proof of Conviction. Go to Step 2 – Obtain Proof of Conviction.
• The court must sign and include their official seal or stamp on the form. If the Court does not sign and include their official seal or stamp, your application will not be accepted.

Note: You are only eligible to apply for a Pardon if it has been 3 years since you completed all of your sentences for Summary Convictions, or 5 years since you completed all your sentences for Indictable Convictions. “Completed your sentence” means that you have paid all fines, costs, surcharges, and made restitution or compensation, and completed any order of probation, conditional sentence, and incarceration (which includes time on parole and statutory release).

If the court indicates that your conviction was tried as an Indictable Offence and it has not been five (5) years since you completed your sentence, then your application cannot be processed at this time.

STEP 4 – Obtain Military Conduct Sheet

IMPORTANT

Your request for your Military Conduct Sheet must include the following:

• Family name and given name(s);
• Name used at the time of service, if different;
• Date of birth;
• Military ID / Service number;
• Reason for the request (a pardon application);
• Your signature.

If you have never been a member of the Canadian Forces then go to to STEP 5 – Obtain Local Police Records.

IMPORTANT: You must include all correspondence from your Commanding Officer, National Defence or National Archives with your Pardon Application.

Present Member of the Regular or Reserve Forces

• Request a certified, signed and dated copy of your Military Conduct Sheet from your Commanding Officer.
• If you have no Military Conduct Sheet then provide a letter from your Commanding Officer confirming this.

Former Member of the Regular Forces

• If you left the Regular Force within the past 5 years, request a copy of your Military Conduct Sheet, or proof that this document does not exist from:

DMCARM 4
101 Colonel By Drive
Ottawa ON K1A 0K2

• If you left the Regular Force more than 5 years ago, request a copy of your Military Conduct Sheet, or proof that this document does not exist from:

Personnel Records Unit
National Archives of Canada
395 Wellington Street
Ottawa ON K1A 0N3

Former Member of the Reserve Forces

• If you left the Reserve Forces within the past 3 years, request a certified, signed and dated copy of your Military Conduct Sheet, or proof that this document does not exist, from the Commanding Officer of your last posting or unit.
• If you left the Reserve Forces more than 3 years ago, request a copy of your Military Conduct Sheet, or proof that this document does not exist from the Personnel Records Unit at the National Archives at the address listed above.

NOTE: IF YOU ARE A CURRENT MEMBER OF THE MILITARY THEN A MILITARY CONDUCT SHEET OR LETTER FROM YOUR COMMANDING OFFICER IS ONLY VALID FOR SIX MONTHS FROM THE DATE IT IS ISSUED.

STEP 5 – Obtain Local Police Record

LOCAL POLICE RECORDS CHECK FORM

Question Clarifications

Clarification for Question 2

Have You Used Any Other Names?

If you have ever used, or been known by any other name (such as birth name, legal name change, married name or alias), check YES and write all the names you have used. Attach a list if more space is needed. If you have never used, or been known by, any other name, check NO and proceed to Question 3.

Clarification for Question 8

What Local Addresses Have You Lived at in the past 5 Years?

Write the address for each place you have lived in the past five (5) years, including when you lived at that address (From what year and month To what year and month). If you require more space please attach a list of additional addresses. Be sure to include your current address.

Clarification for Question 9

You must read the authorization and sign and date the form.

Please Do Not Write in the FOR POLICE USE ONLY Section of this form

You must have a separate Local Police Records Check for where you currently live and for each address you have lived at for 6 months or more in the past 5 years. You may need more than one copy of this form, so please make copies as required before filling it out.

A) Fill out Section A, Section B and Section C of the Local Police Records Check form provided on the next page.

B) Contact the local police service for each address you have lived at in the past 5 years. Provide them with a copy of your Criminal Record and request that they complete the For Police Use Only section of the Local Police Records Check form.

• If you are not sure which police service has jurisdiction over where you live, contact the nearest police service and inquire.
• You must show a current photo ID and one other piece of identification when requesting this check in person. If mailing your Local Police Records Check form to the police, we suggest you contact them first to ask if a photocopy of your identification is acceptable.
• The police must sign, date and include their official seal or stamp on the form. If the police do not sign and include their official seal or stamp, your application will not be accepted.
• The police may charge a fee for this service.

If you live or have lived outside Canada within the past five years for a period of more than six months then you must obtain a local police check from the police service that has jurisdiction. If the local police that has jurisdiction in that area cannot or will not complete the Local Police Records Check form, we will accept a signed letter from them stating that you have been of good conduct.

IMPORTANT

IT IS YOUR RESPONSIBILITY TO PROVIDE A RECORD OF ALL NAMES YOU HAVE BEEN KNOWN BY AND LOCAL POLICE RECORDS CHECKS FOR EACH ADDRESS YOU HAVE LIVED AT IN THE PAST FIVE YEARS. FAILURE TO DO SO WILL RESULT IN YOUR APPLICATION BEING RETURNED.

PLEASE NOTE: A LOCAL POLICE RECORD CHECK IS ONLY VALID FOR SIX MONTHS FROM THE DATE IT IS ISSUED.

STEP 6 – Provide Citizenship or Immigration Documents

IMPORTANT

EXPIRED DOCUMENTS ARE NOT ACCEPTED

IF YOUR IMMIGRATION DOCUMENTS EXPIRE WHILE YOUR PARDON APPLICATION IS BEING PROCESSED, YOU MUST PROVIDE THE NATIONAL PAROLE BOARD WITH AN UPDATED COPY.

FAILURE TO DO SO WILL RESULT IN THE PROCESSING OF YOUR APPLICATION BEING DELAYED.

If you were born in Canada or you are not currently living in Canada, go to to STEP 7 – Complete the Pardon Application Form.

If you were born outside of Canada and you are currently living in Canada, then you must provide a copy of your official and valid Immigration documentation.

If you are in Canada with no immigration status, (i.e. your admission to Canada is dependant upon receiving a pardon) you must provide a copy of official documentation confirming this.

STEP 7 – Complete the Pardon Application Form

• You must use the Pardon Application form provided on the next page.
• Complete all Sections on both pages of the application form.
• Print in block letters using blue or black ink.
• Read the authorization on page 2 of the Pardon Application form. Sign and date the application. Please note that the Pardon Application must be signed by the applicant only.

IMPORTANT

Answer all questions. Incomplete applications will not be processed and will be returned to you.

KEEP a copy of your application and all documentation for your reference.

MAKE A NOTE of the Pardon Application Reference Number. The Pardon Application Reference Number is found in the upper right-hand corner of the Pardon Application form. This number is required when contacting the National Parole Board about your pardon application.

PARDON APPLICATION FORM

Page 1 Question Clarifications

Clarification for Question 2

Have You Used Any Other Names?

If you have ever used, or been known by any other name (such as birth name, legal name change, married name or alias), check YES and write all the names you have used. Attach a list if more space is needed. If you have never used, or been known by any other name, check NO and proceed to Question 3.

Clarification for Question 5

Were You Born in Canada?

If you were born in Canada, check YES and skip to Question 6. If you were not born in Canada check NO. If you were not born in Canada, and you are currently living in Canada you must provide a copy of a valid Immigration or Citizenship document. Expired documents are not accepted. If your document is due to expire within 6 months of applying for your pardon you must provide the National Parole Board with an updated copy as soon as you receive it. See STEP 6 for more details.

Clarification for Question 8

What is Your Mailing Address or the Address of Your Representative?

Write the address where you want the National Parole Board to send all correspondence. This can be your home address or the address of a Representative if you have chosen to have one.

Clarification for Question 10

What Addresses Have You Lived at in the Past 5 Years?

Write the address for each place you have lived in the past five (5) years, including when you lived at that address (From what year and month To what year and month). If you require more space please attach a list of additional addresses. Include your current address as well.

You Must Complete Both Sides of the Application Form

PLEASE NOTE: A PARDON APPLICATION FORM IS ONLY VALID FOR ONE YEAR FROM THE DATE IT IS SIGNED BY THE APPLICANT.

CHANGING YOUR ADDRESS?

Please keep us informed of your new mailing address. Send a letter with your name, your Pardon Application Reference Number and the new address to the National Parole Board. The change of address letter must be signed by the applicant only.

Clemency and Pardons Division
National Parole Board
410 Laurier Avenue West, 5th Floor
Ottawa ON K1A 0R1

IMPORTANT

IT IS YOUR RESPONSIBILITY TO PROVIDE COMPLETE AND TRUTHFUL ANSWERS TO ALL QUESTIONS IN THIS APPLICATION.

ANY FALSE OR MISLEADING STATEMENTS AND/OR THE WITHHOLDING OF ANY INFORMATION MAY RESULT IN YOUR APPLICATION BEING DISCONTINUED OR THE LOSS OF YOUR PARDON AT A LATER DATE.

PARDON APPLICATION FORM

Page 2 Question Clarifications

12. Can We Speak with Someone Else About Your Application?

• If there is someone else we can speak to about your application, such as a family member or friend, check YES and write the name of this person and their telephone number.

Section D. Military Service Information

13. Have You Ever Been a Member of the Canadian Forces?

• If you have never been a member of the Canadian Forces, check NO.
• If you are a current member (either Regular or Reserve), check YES – CURRENT and write your Military ID or Service Number and the name and address of your unit. We may contact your Commanding Officer.
• If you are a former member (either Regular or Reserve), check YES – FORMER.

Section E. Additional Conviction Information

14. Do You Have Any Convictions that Do Not Appear on Your Criminal Record?

• If you have no convictions other than those on the Criminal Record that you obtained from the RCMP, check NO and complete Section F – Authorization.
• If you have additional convictions, you must check YES and for each conviction, write the offence for which you were convicted, the number of counts for which you were convicted, the name of the arresting police service, the sentence you received, the date you were sentenced, and the name and address of the court where you were sentenced (street address, city and province).

Section F. Authorization Information

• You must read the authorization and sign and date the form. Please note that the application must be signed by the applicant only.

STEP 8 – Obtain the $50 Processing Fee

Be sure to include the $50.00 processing fee with your application, payable to the Receiver General for Canada. It must be in the form of a certified cheque, money order or bank draft. A personal cheque will not be accepted.

STEP 9 – Send Your Application

• Take note of the personal reference number located in the upper right-hand corner of your application form. If you need to contact the National Parole Board for any reason, you must provide your reference number to obtain information.
• Be sure to keep a copy of all your application documents.
• Send your completed, signed application form, along with the fee and all documents to:

Clemency and Pardons Division
National Parole Board
410 Laurier Avenue West, 5th Floor
Ottawa ON K1A 0R1

APPLICATION CHECK LIST

IMPORTANT

IF YOU DO NOT PROVIDE THE REQUIRED DOCUMENTATION AND CORRECT FEE, YOUR APPLICATION WILL NOT BE PROCESSED AND WILL BE RETURNED.

Make sure that you have all the required documents.

• → Criminal Record from the RCMP.
• → Proof of Conviction Documents (if you have convictions that are not on your Criminal Record from the RCMP).
• → Court Information form (if you have any payment order within the past 15 years AND/OR if your sentence was completed less than 5 years ago).
• → Military Conduct Sheet (if you are, or have been, a member of the Canadian Forces).
• → Local Police Records Check(s).
• → Citizenship or Immigration Documents (if you were not born in Canada, and are now living in Canada) Both pages of the Pardon Application form completed, signed and dated by the applicant only.
• → The $50 CDN Fee (ONLY certified cheque, money order or bank draft, payable to Receiver General for Canada).

Every day I come across criminal records for minor drug offences and every time I see one I can’t help but think about what a waste of resources and common sense it must have been to prosecute the offender. That being said I want to make it perfectly clear that I do not condone drug use. But the war on drugs is the most obviously failed social policy in recent memory.

The following youtube clip is of Judge Jim Grey explaining very succinctly why the war on drugs has to end. Of course this is an American judge but anyone who doesn’t think Canadian drug policy is based on American drug policy is kidding themselves. The war on drugs has to end. Here’s why:

[youtube]http://www.youtube.com/watch?v=b6t1EM4Onao[/youtube]