.avif)
Individuals with Criminal Records and the Pardon System
Individuals with criminal records are waiting to see how the current government will reform the pardon system to make it more equitable. However, the reality is that there are social benefits when people can move forward from their past.
Right now, there are barriers that affect people with records:
The fee: A pardon in Canada used to be free. Now it’s $631.
The wait time: People must wait five years or ten years after the completion of their sentence to apply. In the past it was three or five years depending on the seriousness of the offence.
The name: The term “Record Suspension” does not instil confidence in the process. The applicant may still feel stigmatized even after receiving their pardon by the use of this phrase.
Complexity: There are many steps a person must take to get a Record Suspension. In the end, the whole process can take up to two years. Many people cannot handle this level of complexity on their own.
New requirements: The Parole Board may deny a pardon to someone who is otherwise of good conduct due to the seriousness of their offence or the impact on the victim. This is because the Parole Board is now allowed to deny a pardon because it would bring the “administration of justice into disrepute.” This can prevent a person moving forward despite all the evidence that they are ready and prepared to live a crime-free life.
Ineligibility: Some people are now permanently ineligible for a pardon. This includes people with Schedule 1 offences against a minor and those with more than three offences each carrying a sentence of two years or more.
All of these barriers added together have resulted in fewer people applying for a Record Suspension. This may prevent people from finding work, enrolling in educational programs, volunteering or travelling. There are many social benefits to reintegrating former offenders into society.
What are the social benefits?
Having limited opportunities does not only harm the person with the record. There are many social impacts.
Poverty: When people are not able to work in their fields they may suffer unemployment or under-employment. This makes it difficult for them to afford the basics. They may turn to social assistance, food banks and other supports.
Limited workforce: There are many industries in Canada with a shortage of workers. These include high tech, farm work, transportation and mining. Some areas may have fewer qualified workers in certain industries. The workforce is deprived of the skills and talents that people with records can offer.
Homelessness: Many landlords are asking for criminal record checks. This is especially true in cities with low vacancy rates like Toronto and Vancouver. Combining the difficulty of finding a home with limited career prospects creates an increased risk of homelessness. Homelessness is linked to an increased risk of being a victim of a crime or violence, negative health outcomes and reliance on social services. It also makes it even more difficult to find a job.
Recidivism: The stigmatization and lack of opportunity associated with criminal records can cause people to feel a sense of desperation and hopelessness. They may lose interest in bettering themselves and return to incidents of crime. On the other hand, people with pardons or Record Suspensions have a very low rate of reoffending. Less than four per cent of pardons are ever revoked for issues such as reoffending. A Record Suspension can be revoked, but this is unlikely to happen.
Family: The negative impacts of living with a criminal record can be passed on to other members of the family. The prime breadwinner may not be able to afford basics. Parents may not be allowed to be involved with their children’s school. This can cause shame and embarrassment resulting in increased family tension.
Inequality: There are many statistics that show a correlation between criminal records and marginalization. People may be more likely to have records due to increased policing, poverty, mental health or developmental challenges or other disadvantages. A criminal record can further marginalize people already struggling with social disadvantage.
Creating a fair and equitable pardon system will generate a more productive society that will benefit all Canadians. The current government should eliminate some of the barriers that make moving on from a criminal record difficult or impossible so that Canada can experience the social benefits of getting Canadians back on track.
If you would like to help us bring back a fair and equitable pardon system, visit Lift the Burden to learn how you can help. If you are interested in putting the past behind you through a Record Suspension, contact AllCleared for a free consultation at 1-866-972-7366.
