October 29th, 2012
It has been almost 8 months after Bill C-10 was passed, and while the bill went into effect right away, we are still only seeing the unfolding of the bill in its entirety even until today. Many of the provisions in Bill C-10 were actually not enacted until last week.
On Tuesday, October 23, 2012, the government put into effect new measures to toughen treatment for violent young offenders. This has been one of more contentious issues, even disapproved by the United Nations, and involves requiring the Crown consider seeking adult sentences for violent youth criminals, requiring judges consider lifting a publication ban on those criminals’ names and making it easier to keep youth in custody while they await trial.
This emphasizes a general thought that youth offenders should be tried under the same laws as adult offenders. If this becomes the case, another provision of Bill C-10, that changing pardons with record suspensions, may again have to be amended so that even youth offenders would then require a record suspension for the sealing of their criminal record.
Bill C-10 introduced a great number of complex elements into the Canadian system, and it seems that although recently passed, a great amount of fluidity and ambiguity exists regarding many of the provisions -the new record suspension (formerly pardon) system only one of which.
If you have any questions regarding Bill C-10, record suspensions and pardons, or would like to start your application, feel free to call today at 1-800-298-5520.
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October 1st, 2012
We have recently been getting calls from individuals saying they have heard that it’s the last day to get a pardon. We are not sure where they have been hearing this, but we can say that this is wrong.
The last day to get a pardon was in March of 2012. On the 13th of March, 2012, the Canadian government passed Bill C-10. Bill C-10 replaced pardons with record suspensions. Once the Bill received Royal Assent, it became working law the following day. Therefore it was not possible to apply for a pardon since.
If you have been calling elsewhere for information about getting a Canadian pardon, and are being told that it is the last day to get a pardon (in September!), the best option is to save yourself the time and cut the call short.
The changes implemented by the Government makes the terminology ‘pardon’ outdated. But because the terminology, and the idea behind it, is so universally used, the word ‘pardon’ is often interchanged with the newer ‘record suspension’. However, the system itself has also changed. This is why it is important that you speak to a qualified professional who knows better than to mislead you with the information that ‘it is the last day to get a pardon’.
Find out how these changes affect you and your personal circumstances. Talk to a qualified professional today for a free personal assessment. Call 1-888-535-2426 toll-free.
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September 19th, 2012
Since the inception of the new record suspension system, after Bill-C10 received Royal Assent, the actual application process has been affected in two different ways.
As was expected by the introduced changes, the changes makes the process a lot more complicated. Eligibility criteria have changed, lengthening the amount of time an individual needs to wait after the completion of their sentence, with a stronger emphasis on conviction type.
Subjectivity is high in the record suspension application process, and this is also reflected in the meticulous attention to detail that is required in completing the application forms, and the sincerity with which applicants complete the final stages which involve personal exposition.
On the other hand, there is actually very good news. The processing time for the Record Suspension Application, after submission to the Parole Board of Canada, has shown to be much shorter. This is attributable to the allocation of the increased Parole Board fee, allowing more labour to be spent on a specific review at one given moment.
The best way to know what your personal circumstance will translate into, call today for a free consultation with a specialist:
1-888-535-2426 (Toll-free)
Posted in Bill C-10, Pardon News, Record Suspension Application, Record Suspensions, The Pardon Application | No Comments »
April 13th, 2012
Hope Endures For Those Who Wish To Suspend Their Record.
Since the inception of the new legislation in March, we had been a bit doubtful about what the changes would mean to the whole system and to Canadians overall. When the Conservatives first came out with the proposals for these changes, it seemed to be a vendetta of a sort to come down hard on crime.
A month after the changes have been implemented, we can say that these changes have not made it as difficult as we first believed it might be. Where there was a sense of insecurity as to the outcome of the entire pardon process, now there is not.
Our team of experts have remained vigilant as to what the impending changes would be, and following the passing of Bill-C10, amalgamated these changes into the existing protocol.
Other than “pardon” now being called “record suspension”, there are a few other changes. The Parole Board of Canada have new guidelines as to waiting periods and there are changes which make the entire application review more subjective. The system is now much more complicated, but fortunately, it is not impossible to put your criminal record in the past.
Tags: bill-c10, canada pardon, clear record, criminal record, record suspension, seal record, suspend record
Posted in Pardon News, Pardons in Canada, Record Suspensions | 1 Comment »
March 29th, 2012
It has been some time since we last went over the proposed changes in Canadian Law. Since then, Canadian government has gone through a number of phases with regards to the Crime Bill. Here is a quick overview:
May 2010
“Record Suspension” is a new term that was introduced by Public Safety Minister Vic Toews in his introduction of Bill C-23 on May 11, 2010. This terminology change is intended to illuminate the ‘get tough on crime’ campaign being carried out by Stephen Harper and the Conservative government. The “record suspension” bill read on May 11, 2010 was just the introduction of the bill, what follows now will include discussions, debates, changes to the Act, and votes by all levels of Parliament.
March 2011
While Bill-C23B has passed second reading in the House of Commons, this specific bill died together with all other outstanding legislation when Parliament was dissolved in March, Harper has promised to put all crime-related bills that he has not succeeded in passing so far into one bill, called the Omnibus Crime Bill.
May 2011
With Prime Minister Stephen Harper’s majority triumph in the election, comes his renewed promise to put all crime-related bills that he has not succeeded in passing so far into one bill, and to have it passed within 100 days of the new Parliament convening.
December 2011
After a year of debate and amendments, the proposed Omnibus Bill-C10 gets passed in the House of Commons and is now in the hands of Senate.
March 2012
On the 13th of March, the Omnibus Bill C-10 has finally passed and is now law.
Tags: bill c-10, canada pardon, canada pardons, criminal record, criminal records, record suspension
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March 15th, 2012
You probably know this by now if you’d been paying attention to the political aspect of our news and media.
The Harper government had been emphasizing on a “tough on crime” mantra since 2010. As a result, they proposed a number of changes to the laws that govern crime.
Since then, that proposal has gone through a number of formats, from Bill C23 with amendments and readings that took more than a year. Come March 2012, The law finally changed. Bill-C10 received Royal Assent on March 13, 2012.
What this means, for the most part, it means that pardons are now obsolete.
What is a pardon? When you bump into someone you say “Pardon me.”. When you can’t quite hear what someone is saying, you query “Pardon?”.
Pardon originates from the french verb “pardoner” (which actually derived from old Latin) and means ‘to forgive’.
Legally, a pardon is defined as an exemption of a convicted person from the penalties of an offense or crime by the power of the executor of the laws.
In a nutshell, it is the act of removing a criminal record and “forgiving” a person for the crimes they had committed conditional on them showing that they are now reformed and living the life of a good citizen.
A pardon is an international terminology. It’s a pardon in the United States, a pardon in the UK, India, Iran, South Africa.
In Canada, a pardon is now called “record suspension”.
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May 17th, 2011
In 2010, the Government introduced Bill C-23 for reforming pardon legislation into Parliament. Prompted by the approaching pardon eligibility Karla Homolka (convicted of sex-related manslaughter), Parliament ultimately split the law into two bills: C-23A, which was duly passed, and C-23B, which was remanded for further parliamentary debate. A significant number of the adopted and planned amendments pertain specifically to sex offenders.
Prior to the passage of C-23A, the rules regarding pardon eligibility were relatively simple. With the exception of crimes carrying life or indeterminate sentences, which are excluded from pardon eligibility, the law did not distinguish between specific Criminal Code offences. It merely imposed a pardon ineligibility period of three years after completing one’s sentence for a person who had committed a summary offence and a period of five years for a person who had committed an indictable offence. With the passing of Bill C-23A, a number of crimes considered particularly serious were given separate treatment. Besides increasing the pardon ineligibility period for violent personal injury offences (per Section 752 of the Criminal Code), the law was specifically amended to address sexual offenders:
• The pardon ineligibility period for a summary sexual conviction is now five years after sentence completion.
• Likewise, a person who commits an indictable sexual offence must wait 10 years before they become eligible for a pardon.
An omnibus bill covering all crime-related legislation that was outstanding when Parliament was dissolved in March is to be proposed by the Government after Parliament reconvenes on 30 May. This bill is to take over the provisions contained in the now-defunct Bill C-23B, including further tightening of the law as regards sex offences. Specifically, people who commit sexual offences involving minors are among those who are to become ineligible for a pardon.
Tags: bill c-23, Bill C-23A, Bill C-23B, canada pardons, pardon, pardons
Posted in Pardon News, Pardons in Canada | 3 Comments »
May 16th, 2011
As Canadians with a criminal record await the passage of tougher pardon rules after Parliament reconvenes on 30 May, there are hopes that the proposed law will be softened in some respects. While the new majority government has the power to pass all its proposed legislation, what was said about Bill C-23B in the previous Parliament indicates that the government might be willing to make some concessions.
During the original debate, opposition parties heavily criticized the harshness of the proposed law, leading the Conservatives to agree that certain provisions could be negotiated. When the law is re-introduced, its more problematic aspects might resurface during debates, and there is a possibility that the Conservatives will be willing to accept a few amendments should they be proposed by other parties. At 102 seats, the NDP, which was among the strongest critics of the crime reforms in the previous Parliament, has a significant minority voice; a strong opposition can propose many amendments and will generally be more vocal in Parliament.
Based on what was criticized in Bill C-23B during the 2010 debates, the following points may be contentious:
• The three-strikes rule. The Government is proposing that all those convicted of three or more indictable offences be ineligible for a record suspension/pardon. This would keep criminalizing a sizeable number of offenders (one criminal act often results in being charged with three or more offences).
• Lengthening the ineligibility periods. Currently, to be eligible for a pardon, a person must normally wait 3 years after completing their sentence for a summary offence and 5 years for an indictable offence. The Government wants these periods lengthened to 5 and 10 years respectively, a measure that would hinder people from reintegrating into society for longer.
For the moment, however, these amendments are pure speculation. A radical reform to pardons is on the table and even these concessions would be minor overall.
Tags: bill c-23, Bill C-23B, C-23, canada pardons, pardon, pardons
Posted in Pardon News | 1 Comment »
May 6th, 2011
The results of the latest election are in: Prime Minister Stephen Harper’s Conservatives have won another mandate, this time with a majority in Parliament. It can now be expected that Harper will have no problems in getting his proposed legislation passed this time around. How does this affect Bill C-23B, which was set to make pardons more difficult to get? Formally, the original bill died with the dissolution of Parliament in March, together with all other bills that were before Parliament at the time. However, as part of his election platform, Harper has promised to combine all the crime bills that were not passed into one giant bill, and to have it passed within 100 days of Parliament resuming. Only a few weeks remain until Parliament reconvenes, and with the majority government, it can be expected that an amendment more or less identical to Bill C-23B will be passed without difficulty.
Following is a summary of the planned change to the law. Pardons are to be renamed “record suspensions”, in order to be in line with the notion that the Government does not forgive crime. The purpose of a record suspension will continue to be the sealing of criminal records. The difference will lie in making the application process more daunting:
• The pardon ineligibility period will be lengthened. For summary offences, it will go from 3 years after serving your sentence to 5 years; for indictable offences, it will go from 5 to 10 years.
• Record suspensions will not be available to those who commit 3 or more indictable offences. As one crime often involves 3 or more charges, this is a particularly draconian proposal. The most serious offences, and all sexual offences involving children, will not be eligible for a record suspension.
• According to the current system, all applicants who meet the eligibility criteria and submit a properly prepared application get a pardon. Under the proposed legislation, it will become significantly more arbitrary. The onus will be on the applicant to demonstrate to the Parole Board that they are rehabilitated, and the Board will be given the discretion to deny those applicants it considers not to be deserving of a record suspension, based on subjective criteria relating to the commission of the offence.
So for pardon applicants, a crucial change is imminent within the next few months, if not sooner. As the Conservative government has a majority in Parliament, the passage of legislation more or less identical to Bill C-23B has become a foregone conclusion. Once pardons become record suspensions, it will take longer to seal a criminal record, if the request is granted at all under the new, more arbitrary criteria. This is why starting the process of applying for a pardon at the absolute earliest possible opportunity would be a good idea: there is still just a little time left to do it under the less stringent existing rules.
Tags: bill c-23, Bill C-23B, C-23, canadian pardon, pardons
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January 28th, 2011
Once issued, a US entry waiver allowing a foreigner with a criminal conviction to enter the USA is not permanent. It is issued for a specific period of time, normally 1, 2 or 5 years, and then must be re-applied for. Exactly how long a waiver will be valid for depends on a number of factors:
• Since at least 2007, it has become standard practice to issue a one-year waiver to a first-time applicant. A subsequent application may yield a waiver that will have a longer validity.
• A factor that is likely to influence the decision of the Department of Homeland Security as to the period for which your waiver will be valid is the seriousness of your conviction. The less serious a crime you have committed, the longer your entry waiver is likely to be valid.
• Another factor that will be considered on top of everything is your reason for wanting to travel. This will have to be stated when applying for a waiver, and when you actually get to crossing the border, you may need to prove that you are actually travelling for the purpose entered on your waiver. For example, if your waiver was issued for business purposes and you decide to travel for pleasure, you may have a problem at the border if you cannot show that you have a business engagement in the US.
This is why it is necessary to clearly indicate whether you intend to use the waiver just for business or for pleasure or for both, and whenever you apply or re-apply, to provide evidence that you are continually in a state of being rehabilitated. This will increase the chances that Homeland Security will issue you a long-term US entry waiver, meaning you will be hassled by this procedure less often. Remember also that every time you reapply, it needs to be done well ahead of your anticipated travel time, as it normally takes months for a US entry waiver application to be processed.
Tags: u.s entry waiver, U.S. Entry Waivers, united states
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