subject: The Cost and Controversy of a Pardon [print this page] The Cost and Controversy of a Pardon The Cost and Controversy of a Pardon
The Cost
An individual can apply for a pardon with the Parole Board of Canada (a federal agency responsible for making pardon decisions under the Criminal Records Act (CRA)) by filling out a tedious amount of application forms which are available from the Parole Board. The pardon application fee is $50.00. On top of the application fee there are other associated costs such as fingerprinting fees, search fees, local police record check fees and court information search fees. The total cost for a pardon can amount to approximately $150.00 and up depending on the number and type of convictions the individual has. For the process to be carried out smoothly, all required documentation must be collected and submitted prior to the documents' expiration date; this can be a difficult task to coordinate.
The National Parole Board wants to triple the cost of a pardon, increasing the cost from $50.00 to $150.00 plus all associated costs. The fee was last changed in the mid 1990's and it is no longer covering the administrative costs, therefore diverting money from other NPB resources. It was recently addressed to the Senate committee that there is a need to hike the fees sometime this fall or winter. At this time it appears that a vast majority of pardon applications being processed are granted, yet the costs associated with processing these pardons has increased. The processing costs have increased due to economic factors such as inflation. The volume of pardon applications has also increased in the last three years. The increase in demand derives from the scrutiny placed on an individual's past when: applying for jobs, securing a loan, volunteering, getting certain certifications and furthering one's education. Another thing to keep in mind is that the Federal government is funding this organization with taxpayers' money. In order for the PBC to operate at a self sustaining level the price of pardons will have to increase.
The Controversy
A pardon is the forgiveness of a crime and the penalty associated with it. The function of a pardon is to separate judicial records of convictions from other criminal records. This gives law abiding citizens the opportunity to reintegrate into Canadian society. Under the CRA, when a pardon is given, it removes all information about the conviction from the Canadian Police Information Centre. This is the active police database which holds all files of those who have a criminal record. However, a pardon does not erase the fact that an individual was convicted of a crime; it simply "vaults" the record/information in an inaccessible database. If a pardoned individual is convicted of a new offence, this information may result in the reactivation of their criminal record in the CPIC, which may lead to their pardon being revoked.
One of the most controversial factors regarding the pardon process in Canada is that an individual may or may not be eligible. The dependent variables for the pardon being granted are solely based on eligibility. Once an individual has demonstrated that they have fulfilled their debt to society or are considered "deserving" of a pardon by the PBC they may apply.
The PBC considers an individual eligible for a pardon if:
They were convicted of a criminal or federal offence in Canada as an adult.
They were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act, or The International Transfer of Offenders Act.
They have paid all related costs associated with their crime(s).
They have served all time associated with their crime(s).
They have completed their probation order.
They have completed the appropriate waiting period associated with their crime(s).
The Parole Board of Canada has been the victim of some serious criticism in the past year after Karla Homolka's pardon application was made public and, most recently, the case of Graham James, the former high profile hockey coach who was convicted of 350 cases of sexual assault against Sheldon Kennedy, a former NHL player. James received a pardon in 2007 for the crimes, yet it only came to light earlier this year (2010).
There must be a better answer, in order to prevent things like this from happening. For example, each case should be reviewed individually. An individual may have completed their sentence and paid their dues, but this does not necessarily mean that that person is reformed or worthy of a pardon. Furthermore, victims of the crime should have a say or at least be informed when the individual is applying for a pardon or when granted. For example when the media reported Graham James received a pardon in 2007 for 350 sexual assault charges in 1996. This is now under investigation and potentially being revoked due to recent allegations from other victims. The public was outraged to hear that man with such a record is even eligible.
When these issues are taken into consideration there is no doubt that some type administrative change is necessary. If the PBC continues to operate at inefficient levels, scarce resources will be misallocated further from more important bureaus.v
