Retroactive changes to criminal pardons violate charter rights, B.C. judge rules

Eveposted 6 years ago

This could be great news for those of us that completed sentences when they raised the waiting period from 5-10 years!

http://www.cbc.ca/news/politics/pardons-criminal-records-record-suspensions-1.4076237

Replies (recent first):

Well, I have to thank John for saving the best for last(me). HATS BOOTS HATS you could probably do the pardon yourself if you need one. You just have to make sure that you qualify. You don't need to hire anyone if you have a simple case with a few small convictions. John is a sensitive mellow fellow but can get emotional at times. Please do not be too hard on him. We don't push pardons on people because a larger percentage want to travel to the USA and could not care less about a pardon. A pardon is not recognised by CBP anyway so it does not make a difference whether you have one or not. You may or may not need a us entry waiver depending on your offence. Anyway. I think that John should just stop trying to push his agenda on people and let us just focus on the spirit of the forum...which is for people to share their knowledge regarding border crossing issues. Again, only bad thing is that people could be sharing the wrong information with each other. US immigration law is very complex and not every waiver provider necessarily has the expertise to answer the questions. Now, this even includes us immigration lawyers since some of them make a lot of mistakes too...as we see daily here in the office. smh

K SCOTT replied 6 years ago   #20

HATS BOOTS HATS...a true professional will not come into the group and debate with you and the other people that need help. HATS BOOTS HATS. John Rogers once said that you and I are the same person which is utter nonsense. This forum is for people that need help with waivers. I am on the side of HATS BOOTS HATS. The bad thing is that sometimes some bad info gets passed around by people that are not in the industry. It is not that person's fault since they do not work in the waiver business. However, I still say be aware of "Discount Waiver Companies." Ontario is full of them and they can wreck the lives of many people. The problem is that they put out a lot of bad information and this can cause misery for your future. A us entry waiver should not be taken lightly. Essentially, you are filing an official document to gain entry to a foreign country. I still cannot figure out how anyone would risk their future and spend$449 on a document that would definitely impact their future in many ways. We will be doing an internet talk radio show episode on this issue. We are different in that we try to clear you for life if you qualify. Who wants to pay $585us to the American Government every few years for the rest of their lives. Sometimes, it is possible to make it a one-time thing if again you qualify.

Honestly though...If you have a really simple case, then a person could probably do it themselves. We are starting a new program where we walk you through putting together your own waiver packet. We will also do a free screening to see if you qualify for the lifetime clearance first. In this way, you do not have to use a discount waiver company if you can do it yourself and with some guidance from us. Our goal is to save you money and see if you qualify for the lifetime clearance.

604 332-9213

L.S. replied 6 years ago   #19

HatsBootsHats I don't run a business "from home". We have an office, a fully inspected office to gain our RCMP accreditation for fingerprinting.

Since the changes in 2012 "anyone can get a pardon without your services" is a pretty broad statement. The process went from a fairly simple but tedious one to a much more difficult one. I can tell you have never done one or even downloaded the booklet.

This is a waiver forum, and many of the people in here do their own waivers. I have never once stated that they "need my service" to be successful. I add a lot of free information to those people who THINK they know what they are doing but are missing a few elements. It has led to some referrals. Do you go on Tax forums and denounce H and R Block for doing tax returns? I pay a guy to do my taxes, I also pay a guy to wash my car, change my oil, I sometimes pay people to serve me food in a diner. SO WHAT?

What do you do for a living? We know nothing about you, yet you add very little but complaints to the forum or speculation based on "what you think".

As long as no legislation has been presented for criminal record reform in Canada, you cannot claim that new legislation will come in a few months. Fact is you don't know if or when it will happen.

This statement is partially true, I can only guess that the Liberals will not go into an election year presenting legislation to make pardons easier. But do you really think they will leave a system where in Ontario and BC you get a Pardon after 3-5 years, while in every other province you get a Record Suspension after 5-10 years? They made a PROMISE in February 2016 to make changes, and they held not 1 but 2 excellent consultations and have now posted the results. So yes, the changes will come.

"Now at risk of beginning the new Ken Scott, I wish the best of luck to you. Continue your often but ridiculous conversations on this forum with Jen".

None of this sentence makes any sense. Its complete gibberish.

JOHN ROGERS replied 6 years ago   #18

@John Rogers

You are not a lawyer neither a lawmaker. Running a business at home to help people obtain waivers or pardons is a pretty lucrative business for you. Keep doing that. Almost anyone can get pardons and waivers without the need of your services. The info as you know is available for anyone to go see online. The problem with waivers is that they are a little bit more tricky.

Some people have an arrest record, a discharge, bans but no criminal history, dropped or stayed charges and are looking for a way to get access to the US without going through all that bureaucratic process. This is where you profit the most as you make false promises of clearing people permanently.

As long as no legislation has been presented for criminal record reform in Canada, you cannot claim that new legislation will come in a few months. Fact is you don't know if or when it will happen.

Now at risk of beginning the new Ken Scott, I wish the best of luck to you. Continue your often but ridiculous conversations on this forum with Jen

HatsBootsHats replied 6 years ago   #17

HatsBootsHats my information on the criminal justice system comes from a wide group. Every day I work with people with criminal records.

Where does YOUR information come from?

JOHN ROGERS replied 6 years ago   #16

@ John Rogers

I may be exaggerating a little and I do agree our system is far better than the USA. Don't put words in my mouth by the way.

Latest polls show Liberals and Conservatives neck in neck. The Liberals have been making terrible blunders as of late. Provinces were actually not ready for the July 1st legalisation date, this is why it was pushed back until they could prepare. The majority have however everything set in place as of now. I wouldn't be so sure of a liberal win come next elections. People have good words to say about Harper, not so much about Trudeau. I believe weed legalization will come by next year before the elections. Also, provinces were actually very concerned about legal weed. This is why criminal record reform will probably never come. I could be wrong but I am just stating what seems obvious to me.

Actually, there are many people who are accused of minor crimes resulting from false victim complaints and minor altercations such as minor punches or shoves. Most often than not, the victim is actually the one who commits the said crime in the first place such as punching or insulting the accused. The accused will retaliate by hitting back. It's a matter of who makes the first complaint. These are minor crimes and police should use judgement here. A warning like a caution which exists in the UK could be something the canadian government can take a look at introducing to resolve such minor situations. This caution should be automatically wiped out from all police databases after a said time has passed. The same goes with non conviction information..

HatsBootsHats replied 6 years ago   #15

HatsBootsHats let me just list the things you are wrong about.

-legalization of marijuana was pushed back because they realized there is no time to get in through the senate when you take into account second reading etc. Senators have been clear that they know Canadians want it decriminalized and provinces want the revenue.

-Andrew Scheer is not going to win the next election. This is Conservative fantasy speak, but everyone still remembers Harper.

-the pardon consultation was a huge success, to the point they held a second consultation.

- people who have not been convicted can get a file purge in most cases (what we call a charge destroy) and they are REALLY purged.

-many people are falsely accused I am sure, and some of them get convicted. the statement "Off course, many people are charged and never convicted because the said crimes never really happened. Police lack judgement more often than not and charge people simply on false allegations or minor altercations and prosecutors would rather give peace bonds, drop charges, stay charges and discharge an accused person because it is a waste of ressources to proceed. Many true criminals also get away by exploiting these said outcomes available in canadian law."
Is wrong and misleading. Your exaggerating. Most of my clients DID do the offences they were convicted of, and our system is not perfect but is far superior to the American system.

The Liberals opened the debate, and will introduce the bill, probably in the middle of a larger bill. I assume in 2018 but I am not getting exact information from my MP's that i chat with. They don't seem aware f the exact date, but because the report has now been issued, the bill just has to be written and introduced.

JOHN ROGERS replied 6 years ago   #14

@ Michelle

The Liberals would rather want to keep the status quo on criminal record reform for now. It is a very contentious issue. Weed legalization is causing a bigger stir than they would of imagined. Once, the Senate approves the bill for legalized weed, then I believe we will see new legislation to possibly reverse changes brought forward by the Conservatives.

I also believe the Senate will try to push back the legalization date as much as possible until the next elections which are a year away. A lot of Senators are still in fear about a plant. Off course, if the trend continues a Conservative win is quite possible next year. Then don't expect criminal record reform whatsoever. The provinces will side with the federal government and will appeal the recent developments in Ontario and BC. Most likely, getting a pardon may even become more harder in the future. Our largest trading partner is all about cracking down on criminals and immigration, so don't expect clemency for Canadians from the governments of both countries. In fact, expect more information sharing between both countries. This is the post 9/11 world we live in.

The online consultation may highlight a need for change but it is only a small portion of the population who completed it. The general population would rather see tougher sentencing and more life long consequences on people with criminal charges. The Liberals know this and would rather not tackle the subject for now. The Conservatives know this as well and use it for political gain. The media profits as well, often taking sides on the matter.

Off course, many people are charged and never convicted because the said crimes never really happened. Police lack judgement more often than not and charge people simply on false allegations or minor altercations and prosecutors would rather give peace bonds, drop charges, stay charges and discharge an accused person because it is a waste of ressources to proceed. Many true criminals also get away by exploiting these said outcomes available in canadian law. This is where the change needs to happen. Most often than not, non conviction info stays sometimes indefinitely on police databases and can destroy a person's reputation forever. A convicted person could at least apply for a pardon and get their criminal record hidden from the public in Canada. A non convicted individual has no way of purging this information apart from a file destruction which may be granted at the police's discretion, but the info may never get purged.

Changes can only be done when at least the majority of the population accepts to give second chances to individuals with past indiscretions. Obviously, some commit horrible crimes so can you really give a second chance to such an individual? As a society, we need to ask ourselves many questions. It is a debate that nobody wants to open.

HatsBootsHats replied 6 years ago   #13

John Rogers, have you hear any updates on when the rest of the Provinces will follow..I see you mention possible fall? I received a letter from Hon. Ralph GOODALE's office, but he didn't commit to anything. Thanks!

Michelle replied 6 years ago   #12

This is great news for people who live in Ontario and BC. Much easier to get a Pardon now. I wish they would do this for all provinces already.

Michelle replied 6 years ago   #11

Results of the Public Consultation into Pardons is now available.

Here is the link.

https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/rcrds-sspnsn-prgrm/wht-hrd-en.aspx

JOHN ROGERS replied 6 years ago   #10

EVE:

Get your facts straight since this isn't being applied to other provinces or everyone until
a) Other people in provinces launch their own suit OR
b) Goodale executes on his promise to review the whole Record Suspension changes

The review btw way was done, twice in 2016. Once in July and once in December.

Its clear YOU do not have your facts straight. So before you make such a pointed criticism, maybe ask for a clarification or find out more information before your so critical.

As with EVERYTHING I say on Pardons or Waivers, my FACTS are ALWAYS accurate.

Here is something you are completely wrong about:

If you were incarcerated after the change, you still have to wait the longer period.

Wrong. Do you really believe that the Canadian Government, having lost 2 court cases on the basis the changes violates the charter, is now going to leave it the way it is? In Saskatchewan you will have 1 set of rules and in Ontario another?

And what does being "incarcerated" have to do with it? Not all people with an indictibale offence are incarcerated. Its a poor example.

JOHN ROGERS replied 6 years ago   #9

In Ontario and B.C the following changes have been made as of August.

-Summary Convictions are now a 3 year waiting period instead of 5 (after the sentence)
-Indictable Convictions are 5 years not 10

Record Suspension is now back to "Pardon".

These changes are only for those provinces because of the court cases won there. The rest of the country will follow suit when parliament is in session.

If you started a Pardon with a company and were suddenly ineligible, you are now eligible again or ABOUT TO BE. Contact that company and get to the head of the line before the rules are changed for everyone and there is a traffic jam of Pardon applications.

Next will not only be the rest of the provinces but the $631 fee will be reduced.

We KNOW this is going to be done for a few reasons. But I can personally tellyou I have met with 2 separate MP's on this (all Liberals) and they made it very clear that the 'temporary' changes were to head off criticism because of the court cases that were won and the Permanent changes will be more comprehensive, but they can't pass it without a parliamentary vote.

JOHN ROGERS replied 6 years ago   #8

Well said Eve. Ken contracts our pardons out and mostly focuses on border crossing issues. It is true that accurate information must be provided. Canadian Pardons can be a headache so that is why we send them to someone that specializes in them

L.S. replied 6 years ago   #7

While it's obvious you're trying to drum up business it's important to not provide such inaccurate information!

What was challenged in BC and then in Ontario was the fact that when Harper changed the waiting period for a record suspension they made it retroactive vs going forward. This is what the court cases were about. So for those of us caught in the middle is where this change applies to.

To be clear to others that may be reading this .......

If in Ontario or BC only at this point

If you were into your sentence or completed it, and the waiting period changed then you are affected.

If you were incarcerated after the change, you still have to wait the longer period.

This only affects those of us caught in the middle where we expected to wait ie. 5 years for and indictable offence, then they extended it to 10 year so we have to wait longer since the ruling was that making it retroactive was in essence an increase in sentence after serving your sentence.

Get your facts straight since this isn't being applied to other provinces or everyone until
a) Other people in provinces launch their own suit OR
b) Goodale executes on his promise to review the whole Record Suspension changes

eve replied 6 years ago   #6

Pardons are a lot of work indeed and they factor in other things besides the waiting period. There is no guarantee that the rest of Canada will follow suit. Call us for more information 1 888 908-3841 or 604 332-9213 Ken

K SCOTT replied 6 years ago   #5

Pardons are now 3 or 5 years again but only in BC and Ontario. IN the fall the rest of Canada will follow as well as new legislation and a lowering of the Pardon fee. There will also be a huge BULGE in applications so get started NOW, not later. By the time the first two steps are done, fingerprints and court documents, the legislation will be changed.

Call for more information 416-843-1371

John Rogers

JOHN ROGERS replied 6 years ago   #4

No, that's not true about having a pardon and not needing a waiver. My friend had his waiver before he ever tried entering in the US. The first time he went through fine but the second time they were able to see the record. You'll need a waiver either way.

Having a pardon, however is good for the US waiver application. It shows that Canada has pardon you, which means you are less likely to reoffend.

boo replied 6 years ago   #3

@feelingtrapped

While it doesn't help with those applying for a waiver currently it does help those that have a criminal record but have yet to be pulled into secondary and discovered.

If you get a pardon FIRST, and your record is removed then they will never know and you won't need a waiver.

eve replied 6 years ago   #2

How do you figure that this ruling well help?
As far as I know, the ARO doesn't care if you have been pardoned.
And if you have your records expluged, it may make it more difficult to obtain a waiver because the ARO can't confirm the criminal offence. I was told by a border guard supervisor that I maybe shouldn't have done that.

Feelingtrapped replied 6 years ago   #1

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