Getting a pardon - Why?

 

 

Getting a pardon

By Karrie Wolfe

What exactly is a pardon and why apply for one? What does a pardon do and what doesn't it do?
There are quite a few myths and mysteries about the effect of obtaining a pardon for an offence. Sorting out the myths from the realities may help you to make a decision about whether you can, or should, apply for a pardon.
In many ways, a criminal record sticks with a person for his or her whole life. The offence and the sentence will be remembered not only by the offender, but also by anyone who was affected by the incident. Add to that the endless records kept by the courts and the police, and a record may become a difficult thing to leave behind, regardless of how minor the mistake or how long ago someone was convicted.
If you have a criminal record, that fact may create serious barriers to jobs and other opportunities. The existence of a criminal record may even cause an individual to be treated poorly by the community. So what can a pardon do to help? Many people believe that a pardon magically makes a criminal record disappear. This is not the case at all.
A pardon does not erase a criminal record - the record of the conviction remains on file. Instead, when a person receives a pardon for a criminal record, access to the record is restricted. This means that any federal agency or department that has a copy of the conviction record is prevented from giving out any information about the record without permission from the Solicitor General of Canada.
Although provincial/territorial agencies and departments are not technically required to restrict access to the record, many of them will nonetheless respect the federal pardon. To obtain a pardon, an offender must first be eligible to apply and then must submit an application for a pardon to the National Parole Board of Canada (the "NPB"). Under the Criminal Records Act, the NPB has been given the authority to issue, grant, deny or revoke pardons for convictions.
the NPB has created a useful booklet, called the Pardon Application Booklet, which contains important information about pardons and the required application forms. You can obtain a copy of the Pardon Application Booklet from the Court Registry of the Nunavut Court of Justice, or by contacting the Clemency and Pardons Division of the NPB toll-free at 1-800-874-2652. Before an offender becomes eligible to apply for a pardon, he or she must have completed their entire sentence. After the sentence is complete, there is a mandatory waiting period before an offender may apply for a pardon.
For a summary conviction, the waiting period is three years. For an indictable offence, there is a five-year waiting period. The waiting period is calculated from the date the sentence is completed. For example, if you received a fine, the waiting period begins when you pay all of the fine.
If you were sentenced to imprisonment, the waiting period does not begin until you have served all of your sentence, including any part of it served in the community (i.e. while you are on parole or probation).
Only after the completion of both the sentence and the waiting period are you eligible to apply for a pardon.
You will need several things to complete your application:

• a copy of your criminal record from the RCMP Identification Services
• proof of your conviction (if not in your criminal record)
• a check of local police service records
• in certain circumstances, other police or court documents

You must complete the Pardon Application Forms (in the booklet) and submit the completed application along with a processing fee (payable to the Receiver General of Canada) to the following address: Pardon Unit, National Parole Board, 410 Laurier Avenue West, Ottawa ON, K1A 0R1.
Keep in mind that a pardon can be revoked by the NPB. If you are later convicted of an indictable offence, the pardon is automatically revoked. The NPB may also choose to revoke your pardon if you are later convicted of a summary offence, you demonstrate bad conduct, or if you made a false or deceptive statement in your application