Pardons Canada – Ominbus Crime Bill and Its Affect on Pardons
The Omnibus crime bill C-10 is now before the Senate for final approval. The Conservative Harper govt. is proposing changes to the Pardons rules that will make it harder to get in the future.
The unfortunate part about these stricter rules is that the current Pardons system works, with a very low number of people re-offending once a Canada pardon is granted.
Most employers in the country are doing criminal checks and the Americans are turning away Canadians each day who have old criminal records. In many ways, in this more paranoid world, the need for a Pardon has never been greater.
Below is a good article written by a Criminology Professor from U of T entitled “Crime Bill: What the Senate Can Salvage” which highlights the impact of the Omnibus Crime Bill C-10 on amongst other things, the Pardons system in Canada:
http://www.themarknews.com/articles/8125-crime-bill-what-the-senate-can-salvage
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.
Pardons Canada – Traveling to the USA with an Assault charge
Every day we get inquiries about being safe to travel to the US with a criminal record. Assault convictions are among the most common criminal charges in Canada.
Once a pardon is granted, you should be safe to travel to the US without a US Entry Waiver (I-192) as long as you have never been stopped by the Americans in the past.
There are different kinds of assault convictions including domestic assault, assault causing bodily harm and assault with a weapon. You are eligible for a Pardon after a certain period of time depending on the offence.
Even if you have been fingerprinted but your assault charge was later dismissed, withdrawn, peace bond, absolute or conditional discharged or stayed, your prints are still in the system and can be seen when a criminal check is done both by employers and at the US border.
Here is an email we recently received from a person who was charged with assault:
“Hi, I am unsure if I am allowed entry to the US. I am in a situation similar to the one below, only I am a male going threw the court process facing assault with a weapon and assault causing bodily harm.
I currently have a trip to the US booked in March 2012 and my lawyer says these changes should be dealt with by the end of February. I am confident these charges will be dismissed but possibly not entirely and maybe not until after March.
I am desperate for help. I am 24 years old living in Alberta with my boyfriend. We had a fight in our apartment, it got loud and someone called the police. Because I took the blame I guess they removed me I was put in jail for 9 hours fingerprinted totally humiliated etc. I am not allowed back to where I live, we are not allowed to see each other.
It is totally insane and blown way out proportion. Neither one of us filed charges against each other it was just a fight, everyone has them. A noise violation was all that is what we are guilty of.
My lawyer told me to plead not guilty or I will end up with a criminal record, according to your web page I already have one I cannot afford to go to court and feel I have done nothing wrong to require such harsh punishment.
My biggest concern is having a criminal record. I have never done anything wrong in my life, and we like to travel. Can you advise what the best course of action to take would be.
I am in a nightmare and just want to be able to clear my name. I do not want a record. Can you reply as soon as possible I do not know what to do.”
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.
Pardons Canada – Bill C10 and Bill C23 Will Make It Harder to Get Pardons
We have been blogging and lobbying against Bill C23 and now Bill C10 for over one year but it seems the Conservative govt. is poised to pass the Bill without any regard to the opposing views.
The good news is that Pardons are NOT going away. Record Suspensions (proposed new name for Pardons) will still have the same affect as a Pardon which is to remove the criminal record from public record so that the person will be safe for employment and travel.
The bad news is that wait times to be eligible for a Pardon will be extended and certain criminal charges, mainly sexual assaults against a minor will no longer be pardonable. The fees for the approval of the Pardons will also increase dramatically.
Here is a recent article titled “Pardons Application Expected to Tumble” that highlights some of the changes proposed in Bill C10 that will affect Pardons.
http://www.cbc.ca/news/canada/story/2012/01/03/pardons-canada-prison.html
Pardons Canada – Retired Couple Gets Denied Entry to US for 40 Year Old Pot Charge
We receive hundreds of email and phone calls each week from Canadians who have been denied entry to the US because of a criminal record. In many cases, the people have been traveling to the US many times but a random criminal check at the US border by one customs agent turns their travel into a nightmare.
If you have been refused entry to the US then you will require a US Entry Waiver or I-192 to re-enter the US. The Americans will decide how long the waiver is good for. The process is costly and time consuming to obtain a US Waiver but it is possible to obtain if you have been refused entry to the US.
If you already have a Canada Pardon and have never been stopped at the US border it is unlikely you will need a US Entry Waiver, though we do hear of odd circumstances where a person is refused entry even after a pardon has been granted.
Here is an email we received today from an elderly couple who was denied entry to the US:
“My husband had a charge 40 years ago in Prince George BC for smoking a joint. He was 25 and now he is 64 with a successfull career behind him.”
“He has since worked and traveled in the US on business over these years, for a major Canadian company connected to the US and has never been refused access.”
“We were just refused access yesterday to the US during a random search by an agent, for a holiday in Arizona. Last year we went through the same border with the same info and there was no problem. We feel very violated, because this officer tried to antaginize my husband and myself.”
“This is so sad. we are descent and contributing citizens. When we crossed back into Canada at the Sumac border, our Canadian agent said he sees this all the time. he was very supportive of us.”
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.
Pardons Canada – New National TV Program Highlights Difficulties of Getting a Job with a Criminal Record
One of the stars from the acclaimed TV series Dragons Den, Kevin O’Leary is launching a new series called Redemption Inc. which will be about giving ex-cons a chance at getting a job.
Every day we speak to Canadians who have old criminal records which are getting in the way of employment. Most companies in Canada are now doing criminal background checks for new employees and this has made it even harder for people with criminal records to get work.
Imagine you are now a responsible adult trying to get a better job or a promotion at your current job and your 20 year old petty theft, dui, pot possession, assault charge shows up in a criminal background check and you lose the job opportunity because of something that happened 20 years ago. This situation occurs every day across Canada and it could have been prevented if the person had obtained a Canada Pardon.
Even if you have been charged with a criminal offence but the charges were later withdrawn, dismissed, stayed, absolute or conditional discharged, an employer will still see the red flag in a criminal check and can decide accordingly to not hire you as a result of this.
Once a pardon is granted, your will no longer be haunted by your old criminal record and you can continue living your life without the burden of having a criminal record. With the upcoming passing of Bill C-10, it will become more difficult for Canadians to obtain a Canada Pardon but not impossible.
Here is a recent article in the Globe and Mail which talks about the upcoming show “Redemption Inc.” and the challenges that are faced with people who have criminal records to which a pardon has not been granted:
Pardons Canada – Liberal Senators Oppose Omnibus Bill C10
The omnibus Bill C10 is currently before the Senate for final approval. At Pardons Canada we have been opposed to the changes set out in the original Bill C23 affecting Pardons in Canada especially relating to their proposal to change the terminology to “Record Suspension” and the longer wait times to be eligible for a Pardon. According to the email below by Liberal Senator Art Eggleton, they too are opposed to many of the proposals in the new Bill C10.
Thank you for your email letter regarding Bill C-10, the omnibus crime bill.
The Conservatives’ bundling together of 9 bills that warranted independent discussion, their shutting down of debate in committee, and their rejection of all amendments while arrogantly labeling others as supporters of criminals and not victims, undermines Parliament and democratic process. They have rammed through the House of Commons a law and order agenda that is poorly thought-out, rushed and demonstrates the Conservative commitment to governing by ideology instead of facts and evidence.
This bill will impose mandatory minimums that will turn young offenders into hardened criminals. It fails the mentally ill, aboriginal people, visible minorities and the poor. It repeats the mistakes of failed, expensive and discredited American crime policy. Police and prisons officials from states like Texas are telling Mr. Harper very clearly: We tried what you are doing but it drained the public coffers and made our communities less safe. Do not go down our failed path.
The Parliamentary Budget Officer estimates that the cost of only a few of these measures to be over $13 Billion, but the government has never produced a credible estimate and won’t tell Canadians how much this will cost. These policies will impose an extreme financial burden on the Provinces who will be saddled with more inmates and stripped of any judicial discretion
At the end of the day we will have more crime, less justice, skyrocketing costs, prison overcrowding, less rehabilitation for the offenders, less protection for victims and less protection for the public. Liberals are committed to pursuing a crime and justice approach that is evidence-based, cost effective and focused on preventing crime and victimization.”
My Liberal colleagues and I will be voting against Bill C-10 when it is brought before the Senate.
Thank you for taking the time to write.
Sincerely,
Art Eggleton
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.
Pardons Canada – Email from RCMP highlights delays in processing time
One of the important documents in obtaining a Pardon is the RCMP file which highlights a person’s criminal history. The RCMP file is generated from your fingerprints which you may take at the local police or a digital fingerprint agency.
Because of the rise in demand of criminal checks for employment, volunteer and other purposes, the RCMP has been significantly backlogged in its ability to produce the required reports.
At Pardons Canada we are working closely with the RCMP to get the reports on a timely basis but there is an element of the process that is out of our control.
Here is a recent email we received from the RCMP which highlights the delays in processing the files required for a Pardon:
At the present time and due to a high volume of requests, it can take in excess of 16 weeks for mailed applications to be received in our system and that is from the time they reach our mail room.
CFSS processes all applications for Criminal Record verification in the order in which they are received.
Based on the information that you have provided, the application in question has not been entered into our system to date. Due to our quality control process, this does not mean that the application has not reached the building, only that it has not yet been entered into our system.
CFSS processes more than 15,000 criminal record searches each month. The processing times for applications will vary depending on whether or not an individuals fingerprints can be associated to a criminal holding maintained by the RCMP. For those that are associated and or a manual review must take place, the process can take in excess of one hundred and twenty (120) days. For those that are not associated the processing time is significantly less. For further information on processing times please visit our website.
http://www.rcmp-grc.gc.ca/cr-cj/fing-empr2-eng.htm
Please re-contact us at a later date, at which time we may be in a position to provide further information regarding the status of your request.
Thank you for contacting us,
Merci de nous contacter ,The Call Center of CFSS – Centre d’appel du STDC
RCMP – Forensic Science and Identification Services
GRC – Services des sciences judiciaires et de l’identité
Canadian Criminal Real Time Identification Services
Services canadiens d’identification criminelle en temps réel
Civil Fingerprint Screening Services
Services de triage des dactylogrammes civils
DPIf you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.
Pardons Canada – Ontario Pardon for DUI
A DUI in Ontario and throughout Canada is considered a criminal offence. It is also referred to as “Impaired Driving”, “Driving While Impaired”, and “Over .08 Milligrams”. “Refusing to provide a breath sample” is considered the same as a DUI and carries a criminal record.
If you are convicted of a DUI then you need a Canada Pardon to remove the criminal record from public record so that you may continue your life without the fear of your criminal record showing up at the US Border or with future employers.
Under the new legislation introduced in Bill C10, The word “pardon” will be replaced by “record suspension” but it will have the same affect as the previous term.
Here is a thank you letter we recently recieved from a person we helped to obtain a Canada Pardon for a DUI:
“On Jan 2006, appx. 3 hrs away from my 19th birthday I was charged criminally for impaired driving. I knew what I was doing that night and I also knew it was wrong and as a consequence I was pulled over by the OPP and charged.”
“Going through the whole process of the criminal justice system was very hard on my self and on my family not only mentally but financially. I had to declare a criminal offence when applying for work made me feel shameful and was heart breaking.”
“During job interviews, the employer was already judging me despite how great my resume was and my great personality. This whole experience has been very humbling, it taught me to never take life for granted and always make the right choices in whatever I do.”
“Thanks to Pardons Canada I can now live my life with my head held high without any shame. Now with my second chance I’m going to put all this behind me and move forward in my life at the same time never forget how much this whole experience has shaped my life.”
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.
Pardons Canada – Getting a job with a DUI
We help hundreds of Canadians each week to obtain a Canada Pardon for various criminal records, among the most common is DUI.
Many people don’t realize that having a criminal record can seriously impede the ability to get work. Nowadays, most employers are doing criminal background checks before hiring for a position. Unless a pardon has been granted, the employer will see the criminal record and likely dismiss your employment application.
Here is a letter we received from a person we recently helped to obtain a Canada Pardon for a DUI, explaining the difficulty of getting work:
“Having a DUI became a big problem when, at 5 month of sobriety, I decided to make a life changing move by returning to college to further my education in the Health care field.”
“I completed my first program as a PSW (personal support worker) and had to divulge that I had a criminal record to my teacher who headed the placement portion of the course. She finally had to act as a guarantor on my behalf in order for me to complete my placement.”
“Since I did so well and graduated with a 4.0 average, and because I would not have been able to obtain a position in my filed with a criminal record, I embarked on a 2 yr Social service Worker program and I will graduate in August of this year.”
“My Pardon comes just in time for my 360 hour filed placement in a high end senior citizen home in my area, where after a local police check, I will be employed as an “Activities Coordinator”.”
“I can assure you that as I approach my second year of sobriety, that I will never drink and drive again. Incidentally, I did not get my drivers licence renewed until my alcohol problem was resolved.”
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.
Pardons Canada – 10 Reasons to Oppose Bill C-10 Omnibus Crime Bill
We have been against the proposal to change the rules for pardons proposed under Bill C23 ever since the government introduced the legislation over one year ago.
The Pardons system is working as evidenced by the incredibly low number of those re-offending once a pardon is granted. Changing the name from “Pardons” to “Record Suspension” is inconsequential as the affect of removing a criminal record from public record will still be the same. We are opposed to the longer wait times proposed in the new legislation Bill C10.
Here is a great article from the Toronto Star entitled “10 Reasons to Oppose Bill C-10″
http://www.thestar.com/opinion/editorialopinion/article/1086785–10-reasons-to-oppose-bill-c-10
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.
