Your comments: Pardons

Public Safety Minister Vic Toews unveiled sweeping changes to the federal pardon system Tuesday that he said are meant to tighten up the process.

Toews said the proposed changes would eliminate pardons and replace them with more narrowly defined criminal record suspensions. The push for changes to the pardon system stem from the case of junior hockey coach Graham James.

James is the former Swift Current Broncos head coach who was sentenced in January 1997 to 42 months in prison after pleading guilty to sexually abusing two players including former NHL player Sheldon Kennedy.
 
The National Parole Board pardoned James in 2007; however, the pardon only came to light as a result of a previously unknown accuser contacting Winnipeg police.

Toews said his reform legislation would make it impossible for those convicted of sex offences against minors to have their criminal records suspended, except in a case where the applicant can demonstrate he or she was "close in age," and that the offence did not involve a position of trust or authority, bodily harm or threat of violence or intimidation.

The changes would also prevent those convicted of more than three indictable offences from getting a record suspension.

While these rule changes may offer some peace to James's victims, some have raised concerns, suggesting that the government should have taken more time to study the issue before proposing this new legislation. Craig Jones, the executive director of the John Howard Society, said the legislation to revamp the pardon system was a "rush to judgment."

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What's a pardon?

A pardon can be granted to those who have been convicted of a crime, have completed their sentence and have demonstrated that they are now a law-abiding citizen. A kind of "second chance," a pardon can help some to shed the stigma of their past actions, allowing them to move forward and to build a new, productive, life.

Pardons do not erase the past, however.

"A pardon is not meant to erase or excuse a criminal act," said Caroline Douglas, a National Parole Board spokesperson. "A pardon means that the record of the conviction is kept separate and apart from other criminal records."

If a pardon is granted, information about that person's criminal record is taken out of the Canadian Police Information Centre computer system, and information about the conviction(s) cannot be given out without the approval of the federal solicitor general.

The criminal record is effectively "sealed" once the pardon is granted.

Considering the subject matter and complexity of the laws involved in this case, the comments we received from our CBC community offered reasonable, considerate and thoughtful commentary from a number of perspectives. Here's what you had to say:

A. Cynic, along with many other community members, think that pardons are a useful tool for rehabilitation:

 "Honestly people. Let's admit that people can change (and yes, even sex offenders). A criminal record makes it extremely difficult for people to find work, eventually making them poor and homeless. What do you think happens then? When they don't have any legit options, crime is the only thing that pays the bills."

Others, like Natash110, argued for a different kind of change:

"Why not stronger sentences instead of making it harder for people who have already served their time to get pardons. Life should mean LIFE, for example. It's ridiculous that people who commit hard crimes get short times in prisons."

Some, like Rational-Mind, took a step back and recognized the complexity of this issue:

"This is obviously a complex issue... There are many different types of crimes that may very well warrant a 'pardon', but it should be looked at on a case by case basis. However, I think convicted sex offenders are in a different category, and I am glad this change is being put forward. The fact that a convicted sex offender involving minors can apply for a pardon after five years is obscene," he says.

While, commenter Woody B.Uffalo had a different view.

"Under this proposed legislation "convicted criminals', like Viola Desmond who was convicted of sitting in whites-only section of a movie theatre in New Glasgow, would not be given a pardon. Sometimes the Crown is wrong."
 
What do you think about the changes to the Canada's pardon laws?

Read what other community members had to say and share your own thoughts.