Immediately following election night, Insight Canada, a government relations firm, conducted a study of voters using focus groups and national online panels. The feedback suggests Canadians have given Stephen Harper a very limited mandate – restricted to the economy. All the participants were saying the same thing: Voters want to hear from Mr. Harper, first and foremost, on the economy. They expect him to deliver on the continuation of the economic action plan. They expect lower taxes, less regulation, less spending, and a focus on attracting foreign investment. In addition, health care emerged as a major concern. The research also suggests voters were clearly suffering from minority fatigue.
Harper is now deeply involved in postelection plans, “hitting the ground running,” as he promised. The Prime Minister will unveil his cabinet next week or the week following. Once MPs are in the House, a Speech from the Throne will be the first order of business. Soon after, a budget will be tabled, expected to be identical to the one presented March 22 but rejected by opposition parties.
The bundling of the law-and-order bills, held up in the last minority Parliament, was first expected to be one all-encompassing bill. They are now expected to become bills connected by theme, probably designed for speedier passage. But no decision has been made on whether they will be introduced in June. They will likely not be tabled until the fall. Perhaps, then, although the “speedier passage” concept might seem appealing, the fact that more than one bill will result allows room for due consideration.
Worth reviewing is the Canadian Criminal Justice Association’s June 9, 2010, Brief to the Standing Committee on Justice and Human Rights regarding Bill C-23, An Act to Amend the Criminal Records Act (or Eliminating Pardons for Serious Crimes Act). The CCJA’s concerns are particularly significant.
The purpose of the Criminal Records Act of 1970 was to enable those who could demonstrate that they had successfully reintegrated society to mitigate the stigma associated with a criminal record. Since its enactment, over 400,000 persons have received pardons and of these, 96 percent are still in force, demonstrating that the vast majority of recipients remain crime-free in the community.
Bill C-23 proposes that: 1) the term “pardon” be replaced with “record suspension,” 2) the National Parole Board be granted “absolute discretion” to “order, refuse to order, or revoke” a record suspension, 3) the type of offender who may be eligible for a pardon be restricted, 4) a 3-strike provision be introduced, and 5) the waiting periods be extended from three to five years for summary offences and from five to ten years for indictable offences.
The CCJA feels the Committee should bear in mind a number of facts, significantly, the over 96 percent success rate of individuals pardoned suggests that the practice of setting aside criminal convictions is overwhelmingly successful. Notably, the ability to grant offenders a pardon may be an important step in restoring a person’s self-perceptions as a non-offender and may actually increase public safety by reducing recidivism.
The CCJA is in favour of replacing the term “pardon” with “record suspension.” However, it cautions moderation. Additional stigmatization once an offender has served his or her time serves no purpose; rather, it compounds difficulties associated with finding work and shelter. Section 11 (h) of the Charter of Rights and Freedoms reminds us that once a sentence for an offence has been served, no one should be tried or punished for it again. As well, amendments to the current Act with respect to the Vulnerable Sector ensure that vulnerable populations are adequately protected.
However, the CCJA disagrees with banning three strikes offenders from receiving a pardon or record suspension. Offenders, who manage to turn their lives around, even after many years of struggling to remain within the law, should have the opportunity to have their record suspended. Also, the CCJA is opposed to extending the waiting periods. National Parole Board statistics show that the current wait times are sufficient. There is no indication that longer wait times will benefit society or offender. These extensive restrictions are not in line with Canadian rehabilitative and societal integration philosophies.
If you are keen to get your pardon before the enactment of these legislations, visit Pardon Services Canada, the most trusted service provider, to get the process started today.