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

HIRING PRACTICES EXPOSED - Red Carded Before the Game

Increasingly, companies are using criminal record checks in their hiring process before even talking to the applicant. The criminal record check industry has provided a readily available, popular, and inexpensive tool for pre-screening hopeful applicants. This use, now widespread, eliminates all job candidates with criminal records. People with criminal records are routinely being denied any opportunity to establish their job qualifications. Such a “blanket” approach is clearly flawed if not plain wrong; it seems not only unreasonable but also potentially illegal under civil rights laws.

Criminal background checks serve to determine the safety and security risk of candidates for employment or promotion. However, to assume that the existence of a criminal record accurately predicts such risk is illogical. Employers are using these checks as a way of determining character rather than qualification. The best qualified or even well-qualified individuals are being swept aside irrationally. These blanket exclusions provide no opportunity for employers to consider critical information, such as the nature and age of an offence plus its relationship to the job.

Another emerging aspect is the potential for covert discrimination – using criminal records to screen applicants serves as a facially neutral selection process that invites consideration and review. As such, the National Employment Law Project’s March 2011 report urges employers to reconsider their current hiring policies. An individualized assessment should take into account the nature and gravity of the offense(s), the time that has passed since the conviction and/or completion of the sentence, and the nature of the job held or sought. This approach would ensure that people with criminal records are not eliminated for youthful indiscretions, minor run-ins with the law, or more serious offenses from long ago.

Supporting this approach is the fact that a criminal record is difficult to interpret, making it a misleading tool to determine risk on the job. The BC Civil Liberties Association has raised concerns about employers using the PRIME (Police Records Information Management Environment) database for pre-employment checks. In the past, this database was considered a highly confidential tool for law enforcement. One of the problems inherent in using this database now for employment screening is that some information is being recorded as “negative contact,” a concept far too broad in scope for employers to base life-defining decisions upon. If it is going to be used increasingly for background checks, people will be demanding greater access to ensure information provided is accurate. 

This is another example of what you don’t know can hurt you. How many people can tell you with 100% certainty what is in their file? How many of these hiring managers even know what their file says about them? If you are serious about your employment search or career advancement – do your best to have ALL the answers before you become excited about an application submission. Your past experiences, hard work, education and qualifications may be worth absolutely nothing to a potential employer if you set off a red flag. 

Client Testimonial - How a Pardon can change your life

“Regret,” “remorse,” “anguish,” “self-reproach” – all these feelings hang heavy when one truly realizes the consequences of wrong doing.

No matter how minor or serious the circumstance may be that a troubled person is contending with, to feel a measure of relief when having overcome the consequences is uplifting. Here is the story of one person having become successful in his personal life putting his past behind him.

In 1987, he was found guilty of having a blood alcohol level exceeding .08 while driving. His vehicle hit some gravel, spun out of control, and rolled over. He is so very thankful that there were no other vehicles or individuals involved. He deeply regrets this incident and has made many positive changes in his life as a result. He has not, since the date of his conviction, driven under the influence of alcohol. This event has been something he has had to live with for over twenty years.

He has two teenage children currently learning to drive and looking forward to attending university. He often reminds them of his circumstances and strongly encourages them to learn from his mistakes.

He currently teaches in workshops for corporate clients. He greatly enjoys educating adults and seeing how their careers benefit. Increasingly, organizations are asking for criminal background checks in order to do work through a vendor. This record suspension has allowed him to continue to educate and not limit his ability to earn a living.

If you are in similar circumstances yourself, Contact Pardon Services Canada for help. You too can gain the peace of mind that he most certainly has.

Seeking A Pardon Is The Only Recourse To Removing A Criminal Record.

Since 1970, over 400,000 Canadians have been issued pardons. 96% of those recipients have remained crime free in our communities. Why have so many Canadians endeavored to obtain their pardons, ridding themselves of their criminal records? Once people convicted of a crime have completed their sentence, paid their fine, or complied in any other way that the courts have ordered, shouldn’t they feel relieved? Shouldn’t they be able to put their mind at rest knowing that they have “paid their dues” and can now move forward and re-establish?

The fact is that everyone wants to undo errors in judgment that led them to having a criminal record. Get a new job, volunteer at their children’s school, coach a sports team, adopt a child, change one’s name, maintain custody of children during separation or divorce, these opportunities and others are not possible unless their criminal records are sealed through obtaining a pardon.

In addition, they most likely seek respite from the physiological and psychological impact of the burden that a criminal record causes. Not only do they want to move forward, they also want to gain peace of mind. When confronted with the procedure of undergoing a criminal record check while being considered for a promotion or a new job, while wishing to be able to volunteer for community endeavors, while worrying about friends or neighbours discovering the past: The stress can and does cause physical and psychological trauma. Anyone has the opportunity to have their record checked and should do so for peace of mind.

The RCMP is the only body in Canada with the authority to perform criminal record background checks. Employers are increasingly using criminal record checks, through the RCMP, when qualifying prospective and current employees for new hires and promotions. An otherwise qualified person can expect to be turned down, even if the conviction was for a seemingly insignificant offence that happened long ago. That record exists and can be seen by employers. Even more unsettling is the fact that some companies have started applying their new criminal record policies retroactively. Long-term employees have been dismissed because of a minor, old offence.

Receiving a pardon enables a person to live just as if he had never committed a crime – a pardoned crime will not be disclosed on a criminal record check provided by the RCMP. A clean criminal record is a requirement for moving forward, and applying for a pardon is the route to follow. Obtaining a pardon is a long process, so it’s best to start well in advance. Seeking the assistance of a pardon services specialist will make that process easier and provide the assurance needed.

The New Canadian Pardon: More Expensive & Harder to Get. Really?

The Canadian Government has proposed that the cost of applying for a pardon be raised to $631, after only recently raising it from $50 to $150. Some people feel that those who commit crimes should have to pay for their own rehabilitation, whereas others feel that if getting a Canadian pardon proves too difficult or expensive, many will never be rehabilitated.
Quite interesting is the fact that, for pardoning criminal records, the price is under debate at the same time as the general requirements: Is the pardons process strict enough, or should it be made more difficult?

This raises two important questions for discussion:

Raise the price? The Government claims it would offset the cost to the taxpayer – a claim that defies logic to some degree. Consider that taxpayers’ money is used to administer the justice system. Raising the cost of a pardon – and quite significantly - would prove obtaining a pardon prohibitive for many, most likely because their criminal records are currently preventing them from  becoming gainfully employed. Not being gainfully employed results in the individual NOT being able to contribute to the public purse, and in some cases actually taking more away from it by relying on some form of public assistance. These people want to work. They are willing to pay taxes. Why stop them?

Make the process more difficult? One might well wonder what end this would serve. Take economics out of the equation. People who are legally entitled to receive a criminal pardon and are well rehabilitated or certainly have learned their lesson should not be further tripped up with another stumbling block. These are people who are working hard and are contributing members of society. The Canadian pardon process is already fair and effective, although it requires accuracy and thoroughness both on the part of the Parole Board of Canada and the applicant. Many people seek the assistance of Client Specialists to assure accuracy & thoroughness to better guarantee success with their application. But why make the process more complicated? A person who is working hard at life and contributing to society is not planning crimes. Do they really need more paperwork in Ottawa?

Because the spectrum of crime in Canada is so great, the likelihood of the average person knowing and/or associating with someone who has a criminal record is actually very high. Many everyday people have a minor conviction along with a criminal record. Most of these convictions are usually the result of a lapse of better judgment rather than an outright strategic criminal endeavor.

To make pardons more expensive or more difficult to obtain would be harsh and counterproductive to the average person.

Ultimately it will take more money away from the Government through lost future employment taxes than is collected from a one-time increased application fee. Rather than serving as a significant deterrent to the intended criminal, it hinders the productive rehabilitated individuals and looks more like an immediate, non-logical cash grab by the Government.

The Pardon Services Canada Guide To Choosing Your Pardon Specialist.

If you have a criminal record, you already know that it can prohibit you from doing certain things. Areas that are typically affected include work, travel, volunteering, education and even adoption! That is, until enough time passes so that you qualify to apply for a pardon.

The Canadian pardon process also known as a record suspension in Canada can be a very intimidating and a confusing experience for the average person. Questions like; ‘Where do I find information on the pardon process?’, ‘Do I qualify for a pardon?’, and ‘How does it take to get a pardon in Canada?’ all come to mind.

Unless you are a lawyer, most likely you will need some type of help preparing your application for the Parole Board of Canada in Ottawa. If you choose to take this on yourself – good luck! But please remember a few things.

•  Different people require different pardon documents.
•  Fingerprints are basic a requirement for every application – but there are two kinds!
•  You need to complete the right document package – different documents need to be provided in full, and can vary from person to person.
•  Every application is different. What is good for one pardon application may not be enough for another.
•  A pardon application needs to be properly prepared and fully completed.

You can try to do it all yourself, but why would you chance having your pardon application returned because you forgot complete one very small but critical detail? Success or failure depends solely on how well your pardon application is prepared. If your application is returned, you must wait one full year to apply again.

While the prospect of asking for help does not appeal to everyone, there comes a time when you need to stack the deck in your own favor. It’s better to team up with a pardon specialist and give yourself the inside advantage.

So if you agree that you may need the help of a specialist, make sure that you team up with someone who has a successful track record, someone who can really guarantee that they can help you.

Ask these questions:

•  How many years have you been obtaining pardons for your clients?
•  What is your success rate?
•  Will I be able to track the progress of my pardon application? Where and how?
•  Do you have customer service agents available to answer my criminal record and pardon questions over the phone?
•  Where is your office located?
•  Do you have client testimonials or references?
•  Will you keep me up-to-date on my pardon application as it progresses?
•  How is my personal and private information handled?
•  How can you guarantee my privacy?
•  Why should I go with your company?

When it comes to clearing criminal records, Pardon Services Canada has been helping Canadians with confidential, fast and affordable service for over 20 years.

You can find out more information regarding your rights, and learn about easy steps to total freedom by visiting http://www.pardonservicescanada.com/. Pardon Services Canada can help you clear your good name.

A Straight Life Is The Best Life - Leading By Example

“Success”: favorable termination of attempts; attainment; triumph; fruition – the concept, regardless of how it is defined, always produces a positive, anticipating, elating feeling.
No matter how minor or serious the circumstance might be that a troubled person is contending with, to feel a measure of success when having overcome the consequences is uplifting to say the least.

Here is a brief story of a woman who, after overcoming a controlling drug addiction, has become successful and content and has gained a renewed sense of well being after receiving her Canadian pardon.

As a young woman she was introduced to drugs, which led to a life of destruction, as is so obvious. She worked hard to totally dissociate herself from all involvement with crime or past associates. She is very remorseful when looking back and realizing all those wasted years. She has not indulged in drugs or alcohol for nearly twenty years. Her goals now are to continue teach her family by example - that a straight life is the best life. And to continue to grow - by helping her community thus achieving self-fulfillment.

She has done a complete turnaround with the love and support of her family who have helped her overcome her past. She has lived a quiet life, caring for her grandson while her daughter worked and her elderly mother. She also taught illiterate adults to read and write, a most valuable experience as she was helping not only herself, but others as well.

A pardon from Pardon Services Canada has given her the freedom to travel with her family to the U.S. on holidays. She no longer lives with the fear of someone in the community finding out about her past, which she so regrets. She also has been given the opportunity to do volunteer work that her criminal record had previously prevented.

If you are in similar circumstances yourself, Contact Pardon Services Canada for help applying for and obtaining your Canadian criminal pardon. You too can gain the peace of mind and a second shot at living a life free of a criminal record.

Everyone makes mistakes. Don’t let your past limit your future.

Pardons allow new start, applicants say.

Here is a brief summary of a recent article by CBC News. To read the original article, please follow the link at the bottom of this article.


Old habits do die hard, but there comes a time when habits have to be broken: The cycle that so often plagues people struggling to cope with too little, if any, income and the demands of daily life – the cycle that sometimes leads to desperate acts, often illegal ones, results in a criminal record.

Over 4 million people in Canada have criminal records; and spokespeople at the Parole Board of Canada, the RCMP, and the Department of Justice say that only a very small percentage of people apply for pardons, often because they have no choice. Applying for a pardon is a long process involving hundreds of dollars in expenses in addition to the administrative fee that the Parole Board now charges – a fee increased just last December from $50 to $150.

If a person has a criminal record and has not been pardoned, finding housing, crossing the border into the U.S., getting a job, even just part time, is next to impossible. Not having a pardon is a “big deal.” Many application forms ask if the applicant has committed a crime for which the person has not been pardoned. Even when a company might hire someone without checking his or her criminal history, there is the constant fear that the criminal record will be discovered. And should a situation occur that causes management to do a company-wide background check, that record will indeed be discovered, usually leading to dismissal.

To apply for a pardon, individuals must have served their sentences or paid their fines and lived crime-free for five or ten years, depending on the severity of the offence; and they must pay the application fee. Now the Parole Board wants to raise that fee to more than $600 from $150, and Public Safety Minister Vic Toews feels that the applicant “should be paying for those pardons on a cost-recovery basis” – that is, pay the full cost, believing ordinary Canadians shouldn’t have to shoulder the expense.

Individuals can apply for a pardon by themselves however, the process can be difficult. The petition can be aided by using Pardon Services Canada, a reputable private company established in 1989 and having a success rate of 99 percent. The services include creating and compiling all the necessary forms required to support the application and handling all communications from the NPB and other government agencies. All documents required are obtained in a timely manner, and each case is processed expeditiously.

The Harper government wants the Parole Board to allow fewer pardon applications and spend more time on each, with the board’s cost breakdown estimating the increased administrative cost at $631!

Opponents of the heftier fees feel the issue is about more than cost. Most individuals applying for pardons live on low incomes, and the additional amount is purely out of reach. Toews recognizes these legitimate factors, thus the Parole Board held public consultations in February when Canadians were asked to say what they thought of quadrupling the price. Dozens of people reacted by saying that the higher cost will make a pardon impossible to get.

Most pardons are given to people who commit non-violent offences. Worthy of note is this list of Offences from 2000-2010 that earned pardons. Shouldn’t we be helping rather than hindering those who struggle to reintegrate into society?
References:
Pardons allow new start, applicants say
Parole board begins consultations on pardon application fee hike

Options should you be stopped at the U.S. border.

Here is a brief summary of an article that recently appeared in The Globe and Mail. To read the original article, please follow the link at the bottom of this summary.
What should you do if denied entry because of a criminal conviction, perhaps one that happened decades ago?

Consider this hypothetical experience: Imagine you're at a U.S. Immigration checkpoint, travelling to attend a meeting or convention, close a business transaction, or take trip to Disneyland. A U.S. Immigration officer discovers that you were involved in a “criminal matter” years ago.

If you’re denied entry to the United States, your travel plans may be jeopardized, and it might even have a detrimental effect on your career – travelling south of the border is what many Canadian business people do occasionally as part of their jobs.

If so, here’s a word to the wise: Don’t panic. It’s understandable that you might become nervous in such a situation, appearing suspect to the U.S. Customs and Border Protection officers. It might even be tempting to ramble on in a way that makes an officer suspicious. Others might lose their cool and display a bad attitude. None of these reactions would prove beneficial and could result in refusal of admission.

So if you’re questioned about your prior criminal history, think carefully before answering, and remain calm. Instead, fully disclose all your arrests and convictions, including any “minor indiscretions” that might have happened long ago as a youth or young adult.

U.S. immigration laws outline specific categories of crimes and offences that generally categorize inadmissibility offences. Canadian travellers can find themselves questioned about their inadmissibility for instances in their past involving either drug-related offences (controlled-substance violations) or crimes involving dishonesty (crimes involving moral turpitude). There are exceptions to the rule, though, and recalling as many facts as possible may allow you to make your originally scheduled flight to the United States.

Even in the event that you’re turned away that day, there’s still hope. You may be able to apply for a Non-immigrant Waiver of Inadmissibility to the United States. Or you may have to provide court records demonstrating that the inadmissibility provisions of the U.S. Immigration and Nationality Act don’t apply in your case.

Even if you are not technically inadmissible to the United States, you may require advance assessment by the U.S. Customs and Border Protection Admissibility Review Office to advise of your admissibility in the form of an official letter.

So stay calm, don’t panic, and don’t do anything foolish. Work within the system, and if necessary, work with an expert and chances are you’ll be able to return to the United States without having to worry.

Read the full story Denied entry to the U.S.? Don’t panic. by Tony Wilson as it appeared in the Globe and Mail.

Pardon Canada News Release - Proposed Changes Hit Hard

PARDON CANADA - OTTAWA -- Proposed changes to restrict criminal pardons would exclude almost one of every four currently eligible applicants, newly released statistics indicate.

When combined with a planned quadrupling of the application fee and new rigour in background checks, so-called "criminal record suspensions" are likely to become far more difficult to obtain.

Even routine speeding tickets and unpaid parking fines are being used to reject pardon applications, according to three large commercial agencies that help former convicts apply.

The triple blow to the pardon regime has critics up in arms, saying the Conservative government is exploiting public revulsion over the pardon of serial sex offender Graham James.

"Frankly, it's the fault of the government, who is trying to conjure up bogeymen on every corner," said Liberal public safety critic Mark Holland.

Adds NDP public safety critic Don Davies: "It's ill-advised, it's arbitrary and it would prevent many deserving Canadians from getting a pardon."

The Canadian Press revealed last spring that James, a former junior hockey coach, had been quietly pardoned in 2007. The resulting public and political furor caused Parliament to rush in immediate reforms, with more still pending.

A spokesman for Public Safety Minister Vic Toews said the changes are necessary. Last June's legislation "gave the Parole Board of Canada the authority needed to decide if granting a pardon is warranted, and ensure that the waiting period to apply for a pardon better reflects the severity of the crimes committed," Chris McCluskey said in an email.

As for proposed Conservative changes that would bar anyone with more than three convictions from ever being eligible for a pardon, McCluskey said "these reforms would make repeat offenders more accountable to their victims for their actions."

But actual pardon statistics, and people who work in the field, suggest the reform will put a pardon out of reach for thousands of minor offenders. "My typical client was in his 20s, got caught drunk driving or shoplifting or smoked marijuana, peed in an alley or got in a fight," says Azmairnin Jadavji, who started Pardon Services Canada in Vancouver in 1989. "Now they're about 35 years old, they want to grow up, they have families."

According to statistics provided to The Canadian Press by the parole board, during the last five years through April 2010, there were 73,078 pardons granted, including 17,044 (23.3 per cent) to people with more than three convictions.

The proposed three-strike rule is the most problematic element of the reforms, with even Conservative MPs on a Commons committee studying the legislation suggesting amendments may be needed.



-- The Canadian Press