Changes to the Canadian Pardon – Get Your Pardon, Before It’s Too Late

A Canadian Pardon will soon become “Record Suspension”. This change, along with tougher restrictions and a four-fold increase in the price of a pardon are coming. Apply now, or it may be too late.

A Change in Name

One of the changes proposed by the new government is aesthetic. What is currently known as a Canadian Pardon will be changed to Record Suspension. This name change will not have any effect on people who currently have a Canadian pardon. Furthermore, the change will not have an effect on what a pardon, soon to be record suspension, actually accomplishes. The criminal record will continue to be sealed and made hidden from background checks conducted by future or current employers, volunteer organizations or the U.S. Department of Homeland Security. The change in name is meant to reflect the tough on crime stance of the Conservative government and is backed up by a higher price and new restrictions.

A Change in Price

The current fee charged by the National Parole Board for processing and reviewing a Pardon Application is $150. Under the new legislation, the fee will be increased to $631. The fee increase seeks to take the financial burden of the application process away from the tax-payer and onto the applicant.

New Restrictions

The new legislation will also make it more difficult, or in some cases, impossible to apply for a Canadian Pardon.

• The applicant must not have been convicted of an offence involving sexual activity relating to a minor – as set out in a schedule of specified offences – unless the applicant can demonstrate s/he was “close in age” and that the offence did not involve a position of trust/authority, bodily harm or threat of violence/intimidation;
• The applicant must not have been convicted of more than three (3) offences prosecuted by indictment.
• The National Parole Board be granted “absolute discretion” to “order, refuse to order, or revoke” a record suspension
• The waiting periods be extended from three to five years for summary offences and from five to ten years for indictable offences.

What to Do

                For most Canadians with a criminal record the main effect will be the substantial change in price given in Bill C-23b. Without professional paralegal help the pardon process can be expensive, extremely time consuming and repetitive given high rejection and error rates. With the new restrictions and increased price, the process is becoming even more difficult.

                There are professional experts in the field of Canadian Pardons who are able to help get you your pardon before it’s too late. With affordable rates and available financing from a trusted service provider a clear record is available. Don’t wait until it is too late. Get your Canadian pardon today.

Are You Bondable? The Implications for Canadians with a Criminal Record

Many job application forms come with a little tick box asking, “Are You Bondable”. Let’s start with the basics – what does it mean to be bondable before you check that box.

Bondable (as it relates to employment): Ones ability to be insured by the hiring company, so that in the event of theft or loss by the employee the company is insured for the value of the loss. The process requires several checks, namely background (criminal record) and credit checks

                

A company who is looking to hire in various departments will usually ask if the candidate is bondable. Jobs include:

• Positions where  there is  sensitive or valuable company information/data
• Employment that involves the direct handling of cash
• Jobs that involve the use of client financial information (credit card/banking information)
• Client Representative, Service Jobs requiring interaction with customers
• Work in the Vulnerable Sector
• Financial Services and Banking Institutions

This list shows the extreme diversity of employers that have an interest in asking the question ‘Are You Bondable?”

 Another, more discreet reason for asking the question is a result of limits placed on the employer regarding asking questions in regards to criminal records. If you have any sort of criminal record, you must answer “No” to the question of “are you bondable”. This is because when the company who hires you tries to get you bonded the insuring company will complete a background check. If a criminal record comes back with any prior conviction you will be declined the bond and will probably face repercussions from the employer.

Companies are increasingly using the “bondability check” to screen applicants for criminal records. This follows on the increasing use of criminal record checks by employers in all industries throughout Canada.

The solution for Canadians who are faced with the difficulty of getting around the ‘are you bondable’ question is to apply for a Canadian Pardon. A Pardon from the Parole Board of Canada will effectively seal your criminal record. As a result, when those background checks are completed by the insurance company they will see a clear record. This result opens a huge area of possibility for the 13% of Canadians living with a criminal record. Take a step towards improving your future; apply for a Canadian Pardon today. 

The U.S. - The New No-Fly Zone for Record Holders

On March 23, 2011, “Bill C-42: An Act to Amend the Aeronautics Act” received Royal assent and became law in Canada. Prior to passage of the amendment, the Aeronautics Act already permitted airline operators to share passenger data with foreign agencies that govern an international flight’s destination. This new amendment extends this information sharing by allowing the airlines to share passenger data with US transportation authorities for any flight that enters US airspace, even if that flight never touches down on US soil.

So what does this mean for the traveling public in Canada? Practically speaking, it means carriers must comply with the US Secure Flight Program by providing Passenger Name Records (PNRs) to US authorities for passengers ticketed on flights originating in Canada that either enters US airspace or that have an emergency alternate landing site in the US.  The PNRs are provided to US authorities 72 hours in advance of departure for the purpose of screening against the Terrorism Screening Center’s No Fly List prior to boarding. If US authorities deem that a passenger represents a security risk, that passenger will be subject to additional screening and may be denied boarding.

There have already been documented instances of travelers being denied boarding in Canada as a result of this new legislation. Unfortunately there is little that the traveling public can do in advance of departure to ensure they do not run afoul of the new policies. If a passenger has an existing redress number issued by the Department of Homeland Security then providing that information at the time of booking should prevent problems on the day of departure, but for travelers who have never had problems before (and who would therefore not have a redress number), there now exists this additional source of concern that their ability to travel 

domestically or internationally is ultimately at the discretion of the US Government.

Travel Services should inform their clients of this change in regulation and suggest that a Criminal Record Check, a U.S. Entry Waiver or a Canadian Pardon are services and rights that are available to all Canadians. 

The Benefit of Time – The Crime Bill and Harper’s Priorities

While Stephen Harper is preparing to recall Parliament, the anticipated whirlwind session will see a fulfilment of the Conservative’s legislative priorities. The return to the Commons is going to be framed using four broad priorities: the budget’s “low-tax plan for jobs and economic growth” to aid the recovery and their “low-tax plan for families,” including the budget’s tax cuts; legislation to crack down on elder abuse; slaying the deficit; and the omnibus crime bill.

Tabling the omnibus crime bill containing a rewrite of justice laws will fulfill their tough-on-crime agenda. This crime bill will be a bundle of 11 pieces of law-and-order legislation wrapped into one bill that the Conservatives promised to pass within 100 days of taking power.

The 11 justice bills that will comprise the omnibus crime bill would:

• Crack down on organized drug crime
• End house arrest for serious and violent criminals
•  End house arrest for serious personal injury offences such as sexual assault
• Eliminate pardons for serious criminals
• Establish tougher sentences and mandatory jail time for sexual offences against children
• Strengthen the handling of violent and repeat young offenders (Sébastien’s Law)
• Give law enforcement and national security agencies up-to-date tools to fight crime in today’s high-tech telecommunications environment
• Give the government more discretion when considering requests to transfer Canadian prisoners to Canada from other countries
• Provide police and the courts more tools to investigate and prevent terrorism
• Allow victims of terrorism to sue perpetrators and supporters of terrorism in Canadian courts
• Streamline long and complex trials

This pledge has recently been clarified as being 100 sitting days in the Commons. Thus, the crime bill could take until the fall to be made into law. Time then seems to be on their side, so to speak, giving the Conservatives a chance to review all its components and consider the consequences.

The Tories’ “Here for Canada” plan focuses on five key priorities:

• Creating jobs through training, trade and low taxes.
• Supporting families through our Family Tax Cut and more support for seniors and caregivers.
• Eliminating the deficit by 2014-2015 by controlling spending and cutting waste.
• Making our streets safe through new laws to protect children and the elderly.
• Standing on guard for Canada by investing in the development of Canada’s North, cracking down on human smuggling and strengthening the Canadian Armed Forces.

Will Mr. Harper be able to achieve his justice bill pledge, see the crime bill reach fruition in 100 sitting days? Or will the Conservatives, given the benefit of time to consider its ramifications, take a more gradual approach that allows Canadians to understand its impact more fully and to provide input.

The Canadian Police Information Center – What’s In There and What You Should Know

The Canadian Police Information Center is the only law enforcement networking computer system in Canada. This system which has been operational since 1972 ensures that officers across Canada have access to the same information. The system is maintained by the Royal Canadian Mounted Police. Each year there are approximately 3 million files generated – it is the responsibility of the originating agency, not the CPIC, to ensure the data integrity of each file. For comparison, in 2006 the latest year for which there are statistics, there were 2.45 Million crimes reported. That leaves 550 thousand files unaccounted for.

                

Why is this database relevant for Canadians? The increase in criminal background checks by employers and volunteer organization is sourced directly from this database. The RCMP, at the request of an employer releases any information about a person directly to the employer. Importantly, the database is not purely for criminal reports. As seen above, there are a huge number of cases logged into the database above and beyond the number of criminal reports.

                

What does this mean for Canadians? This means, that despite feeling confident about not having a police file, the possibility remains that the file does exists. Encounters with the police that are not of a criminal nature are also logged.  Persons who are deemed to be of ‘special interest’ to the police, for example, are logged. These persons may have committed no crimes, having purely been a witness of compliant.

                

What options do Canadians have? Every Canadian should check to see whether they have a criminal record. This can be done quickly and cheaply through accredited service providers. If the criminal record search reveals the existence of a file there are several options. A Canadian Pardon which will have the record hidden from all future searches. Alternatively, if a file exists but no criminal conviction, a Police File Purge is a logical option. This will petition the RCMP to remove the file from the database permanently.

                

Having a clear police file is imperative for Canadians. Having an existing file hampering future opportunities is an unnecessary risk. Look into your file; ensure that there is nothing holding you back from your potential.

               

For Information on Travelling with a Criminal Record try this blog

•          Canada Criminal Record

Canadian Criminal Records: The Stumbling Block for would-be Volunteers

Canadians love to volunteer. Each and every day, Canadians devote their time to worthy causes. In fact, over a third of Canadians over the age of 15 have volunteered! The benefits of volunteering are tremendous, both on a community level, as well as personally. Volunteering gives Canadians the opportunity to give back to their great communities, or to contribute to a worthy cause. Furthermore, the personal benefits gained from great team environments, involvement in event planning, coordinating, and multiple other business operations are invaluable 

to Canadians looking to gain experience to supplement their resumes and CVs.

            

The opportunity for volunteering is drying up in Canada, however, as a result of recent criminal legislation. This legislation stipulates that an increasing number of volunteer organizations, including many large and well known non-profits, require criminal back ground checks on prospective volunteers. This legislation is not limited to any province in specific; it has a nation-wide effect.

            

The results have had an impact on the organizations as well as the prospective volunteers. Firstly, the organizations that are now required to get the criminal background checks face increasing waits with the Royal Canadian Mounted Police (RCMP) for their results as more and more requests pile up. Secondly, these organizations, due to the long processing time, lose out on valuable volunteers which many rely on for their day-to-day operations and special events. Finally, the would-be volunteers lose out on the opportunity to give back to their community or cause, as well as the valuable experience that volunteering provides.

           

13% of Canadians have a criminal record. This is a large number of Canadians that are being excluded from the ability to volunteer. It is important that checks be done in some circumstances for safety and diligence; however, the broad and often misrepresentative criminal record checks provided by the RCMP’s database which logs all encounters, not just offenses, can be seriously harmful to great volunteer candidates.

            

A criminal record check can be done quickly and affordably. It is in the best interest of these good Canadian samaritans to get a fast, cheap, background check to expedite volunteering and to get back to doing good for the community, environment, Canada, and themselves. 

Canada Needs Consistency – The Issues with Criminal Background Checks

 The increasing use of police background checks, also known as criminal record checks or criminal reference checks, to screen applicants for suitability for employment, volunteer efforts, promotion, education, and other opportunities has been raising privacy and human rights eyebrows across Canada and is now starting to reach news media and courts.

Definitely, police background checks do constitute an important safeguard for public safety and security. The goal is to protect vulnerable people from harm or employers from theft. In fact, a company, agency, or school that fails to do so runs the risk of being negligent.

However, the focus must be on “relevancy”. There is a danger of providing too much, or misleading information. In particular, providing information that is unnecessary for determining suitability or that is incorrect may violate the privacy of an applicant and lead to unfair rejection. Significant harm can arise when irrelevant, inaccurate, or incomplete information is provided from a police background report.

Police databases may contain information about any contact with the police, whether a person is a complainant, victim, potential witness, suspect, “person of interest,” or one charged with a crime – even if charges were subsequently dropped or an acquittal followed.

The manner in which police background checks are conducted creates a risk of violation of applicants’ privacy and human rights. Section 32 of the Municipal Freedom of Information and Protection of Privacy Act permits police to disclose personal information only if the person concerned has identified that information in particular and consented to its disclosure.

Police departments recognize the problem inherent in the manner in which background checks are carried out. The Ontario Association of Chiefs of Police produced guidelines in 1999 for Ontario police departments, although they have never been released to the public and have not resulted in consistent practices among police forces. Other jurisdictions as well have introduced legislation to regulate what may be disclosed, how the accuracy and relevance of information can be verified, and what uses recipient organizations may make of the information.

However, it seems apparent that the various approaches taken by jurisdictions dealing with police background checks need more consistency. As well, current privacy and human rights laws alone are not sufficient to ensure a proper balance between public safety and personal privacy.

Background checks can be done quickly and cost-effectively. It is in the best interest of all Canadians looking for employment, volunteer opportunities to get a background check before their employer. Therefore, the person can look into other options available to them, such as a pardon or record deletion.

For additional information on pardons, criminal legislation in Canada, employment and travel, check out these resources.

·         Pardon Services Canada Blog

·         Career Blog

·         Canada Criminal Record