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Conservatives move to toughen pardon system
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CTV.ca News Staff
Date: Tue. May. 11 2010 8:13 PM ET
The federal government on Tuesday announced plans for an overhaul of the pardon system that will remove the word "pardon" altogether, in favour of the term "record suspensions."
Public Safety Minister Vic Toews announced the changes from Ottawa, saying his government is pushing ahead with the legislation in order to put the rights of victims ahead of the rights of criminals.
"Our paramount concern as a government is public safety and the rights of victims," Toews told CTV's Power Play Tuesday evening. "We are concerned about the rehabilitation of criminals, but the danger that certain criminals pose should always be on our mind. And that's why we have extended the categories of prisoners and convicted people who cannot apply for pardons."
The legislation to replace the current pardon system includes the following reforms:
- The elimination of pardons, to be replaced by more restrictive and narrowly worded "record suspensions"
- Those convicted of sexual offences against minors will be permanently ineligible for a record suspension
- Those convicted of three or more indictable offences – the more serious offences such as aggravated assaults -- will also be permanently ineligible for a record suspension
- The periods of ineligibility for record suspension after a sentence has been served will be increased. For summary conviction offences, it will be a five-year wait, while more serious offences – indictable offences – the wait will be 10 years
- The onus will be moved to the applicant to show that a record suspension will help sustain his or her rehabilitation
Toews defended the name change from "pardon" to "record suspension," which he says more accurately reflects what is granted in a pardon.
"A pardon isn't an absolute forgiveness or getting of the record. It's in fact suspended, and that record could come back at any time if you re-involve yourself with the law," Toews said.
"So what we wanted to do is to simply describe accurately what in fact is being granted to individuals when they receive this so-called pardon. It's in fact a suspension of the record."
The rule changes follow a public outcry after The Canadian Press revealed that the National Parole Board granted a pardon to convicted sex offender Graham James, a former junior hockey coach, back in 2007.
James had been convicted of sexual assault against two teen hockey players, including Sheldon Kennedy, who went on to play in the National Hockey League.
Kennedy stood beside Toews as Tuesday's announcement was made, and said he was pleased with the proposed legislation.
"I think it protects those vulnerable sectors, I think that it protects citizens," Kennedy told Power Play. "I think we have the right to know people's backgrounds, and I think that's what it gives us."
The current pardon system does not erase a person's criminal record, but a pardon can make it easier for someone to get a job and travel abroad. All but a small segment of criminals, such as dangerous offenders and those serving life sentences, are eligible to apply for a pardon.
As the system currently stands, criminals must wait between three to five years after a sentence has been served, depending on the severity of the crime.
In the case of sex offenders, a flag remains on the pardoned person's file, serving as an alert to community groups and employers should they seek work with children or other vulnerable people.
Craig Jones of the John Howard Society said a review of the pardon and parole system may be needed, but that should take place under the guidance of experts, not by "short-term-oriented, hair-on-fire opportunists."
Liberal MP Mark Holland agreed.
"What they should be doing in advance of just throwing legislation down on the table is they should have four years ago allowed Parliament to review the issue and ask them to study it and ask experts to come in and make an evidence-based decision," Holland said.
Ahead of the announcement, criminal lawyer and former Ontario prosecutor David Butt said he thought the pardon system needed more of a "tweak" than an overhaul, and also wondered if the changes were being made hastily.
"Clearly, they're reacting to a big news story, and reactive policymaking in the criminal justice area is always potentially problematic," Butts said. "So we'll have to look very carefully at the response to see if it meets with more measured criteria for what should be done for this small but important issue."
Butt said that although the National Parole Board does approve most applications for pardons, the system is a good one.
"What you have to realize is that most of the people who are granted pardons are those who, at a young age, committed a relatively minor offence, whether it be shoplifting at 19, possession of a couple of joints of marijuana," he said.
"Those are the kinds of criminal records that I think everyone would agree, it's good to allow that person to move on with their life without being held back by a criminal record."
"So, sure, it's a large percentage, but it reflects the large percentage of people who move through the justice system, encounter it only once, and then move on with their lives."
Ron Jette of the Child Abuse Prevention Network agreed. He said the pardon system is necessary for making sure young people "who stepped over the line when they were kids," don't pay for their mistakes for the rest of their lives.
While Jette praised the legislation, saying that granting a child molester a pardon "would be a slap in the face to a victim," he said the law does not quite go far enough.
"I probably would have included a section where like in parole, if a pardon is being applied for, that the victims be notified and have a chance to have a standing in the process," Jette said, "where they can make a comment either live or, in cases where they don't want to, at least a written submission."
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BABE
said
Norm in Ontario
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Concerned Citizen
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Joe
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Linda in Vancover
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Plab
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Kim
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daryn3k
said
daryn
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Tim, Houston, TX
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James T.
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Dumb Kid
said
As some of you have said it's a good thing for that reason. However I too agree that sexual predators and violent offenders should not have their records sealed ever. It's just common sense since they are a danger to society.
Changing the law so that a kid that did something stupid 25 years ago can't move on with their lives is more than just a knee jerk reaction. It unjustly punishes the people that deserve forgiveness. Disallowing them that right allows people like Graham James to hurt someone who rightly deserved a pardon.
Last thing to think about, does Graham James lose his pardon due to this new legislation? I think you know the answer to that. He doesn't but your kid that got shoplifting might.
NS
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Allan Eizinas
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jonus
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ws
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Jason in Calgary
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Craig
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Ron from NS
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Mark
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Mutt from Windsor
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Colleen
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Rick in NB, Ste Marie
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Steven Baird
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Steven Baird
Managing Director
Street Smart Kidz
Canada
streetsmartkidz.ca
Alethia
said
Philosophically, I think "Pardon" is a good thing to have in society. I think of it in terms of the victim first. So a crime against someone leaves them a victim. The perp should pretty much never get a pardon, unless it was at the request of the victim--having entirely voluntarily reached a point of forgiveness. (Pedophilia would NOT be included in the pardon system).
Victimless crimes, or some might say crimes against one's own person, or against the state ought to be pardonable. But the new regulations can happen as well. They shouldn't conflict.
Retired in Burlington
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Craig in Calgary
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Prof. Pye Chartt
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mylene in calgary
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heading east
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Really? how will this help people who want to make a change in life?
what will happen as soon as you can no longer apply for a decent job to afford a mortgage, and a car, people will turn to crime to give their life that mean to an end.
at least there will be reasons for reoffenders.
Carl
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Victims have a right to justice - not revenge
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Ken - Calgary
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JB in Calgary
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Ruralgirl
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PB_Toronto
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Doug from Whitehorse
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Dave S
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And i am sure you are another one that thinks the young offender program is a good idea right, how about people being held accountable for their actions just like it was when i was young, we did not do these crimes because we knew what would have happened to us even as kids, thats the problem everybody has an excuse, they were on drugs, booze they have a mental problem.
Bring back the death penalty for rapists, murders and gang members for all i care they would all deserve what they got:remember prisoners have a better life than some good people on the outside
Criminals are SO STUPID
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We 'SOCIETY' are going to put you in jail if you commit crimes against us. Mark our words, you WILL be put in jail, and we won't lose any tears over you.
It constantly amazes me how criminals think they can be the ones who get away. The police catch almost 95% of all criminals who commit crimes against people. I mean duhhh...are you criminals the stupidest people on the planet? You can't get away, so why not get some small amount of brains, and just not do the crime??
What a bunch of duffesses!
peter in MB
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Nick in Gatineau
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Tony_42
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PBW
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Jon, Alberta
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Doug # BC
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Dennis L. Krahn
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Rick in NB, Ste Marie
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Jim - North Saanich, BC
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To learn that Graham James and others like him have been granted "pardons" is an abomination beyond description. I will support legislation that deprives scum like that of anything resembling a pardon. However, I would be a great deal happier if individuals like James were confined to a penal institution for the rest of their lives.
Martin of NS
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Richard in Ontario
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Peter in MB
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Pat
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CYL
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Greg
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EZ
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Fortunately most of the country agrees with you.
Wendy give your head a shake. Save your sympathy for victims and their families. There is no FREE RIDE. Enough of this nonsense - do you really want Karla Homolka living next door? or working at your company? or marrying a family member?
Get real - criminals should be treated without special conditions or privileges.
Give a criminal the same sympathy he/she gave the victim.
Throw away the key
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mahanna ali
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adm
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Prof. Pye Chartt
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Brenda Dumont
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Glenn McDonald
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Dennis L. Krahn
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Jim
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Dean in Abby
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B. Kelley, Ontario
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Chad In London
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Stu from London
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Wendy
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Carl
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