Fear, Anger, Misunderstanding Vs. Statistics and Evidence

Canada is being urged to learn from the Americans’ mistakes: the U.S. mandatory minimum drug sentencing laws turned out to be not only ineffective in reducing drug use but also contributed to a disastrous over-incarceration problem. A zero-tolerance approach allows organized crime and gang violence to flourish and saddles non-violent drug offenders with jail and criminal records that have “ruined countless lives.”

The “Smarter Justice Network,” a Canadian group, shares the same sentiments as the “Law Enforcement Against Prohibition” (LEAP), an American group – both having much in common. Comprised of lawyers, criminal law policy advisors, victims, victim advocates, and retired judges and police officers, these groups oppose the mandatory sentencing regimens that remove judicial discretion scattered throughout the Conservative government’s Bill C-10, the Safe Streets and Communities Act.

Citing overcrowded jails and “countless ruined lives,” LEAP released an open letter to Prime Minister Harper and senators, explaining that they had been deeply involved with the war on drugs but now realize that such policies are a costly failure.

The Smarter Justice Network is more broadly worried about, beyond drugs, the cumulative impact of Bill C-10, its mandatory sentencing rules, and what they see as a regressive, reactive, costly, and ineffective approach to crime, corrections, and parole.

The general public’s lack of first-hand experience or knowledge of the criminal justice system contributes to a debate fueled by high emotions. Since LEAP’s letter warns us about the costly “failure of U.S. crime policies that those proposed in the Canadian federal government’s Bill C-10 legislation seem to be modeled on,” Canada should not be ignoring the lessons learned in the United States.

Pardon Services Canada shares the same views as the Smarter Justice Network – urging a more forward looking stance that won’t burden offenders so harshly.

Strong Opposition Hasn’t Deterred Pardon Application Fee Increase

It’s important to note that Canadians who seek pardons, most typically to find employment, are low-risk offenders with minor charges. The Parole Board of Canada’s own statistics show that only 4% of those who receive pardons go on to re-offend. Despite this fact, the Canadian Government has increased the Parole Board of Canada’s pardon application fee from $150 to $631 – a 320% jump. Increasing the application fee does nothing to help these people reintegrate into Canadian society.

Despite strong opposition voiced during a government-mandated public consultation process last year, the Conservative Government decided to push through this counter-productive rate hike, effective February 23, 2012.

Pardon Services Canada is of the opinion that this increase is unfair and burdensome and does not represent the views of the majority of Canadians who believe strongly in giving people a second chance. A study commissioned by the Parole Board of Canada last year projects that the fee increase will result in a 40% decrease in pardon applications.

Pardon applications that were submitted to the Parole Board of Canada on or before February 22 were processed at the former rate of $150. Pardon Services Canada was doing everything possible to submit applications prior to that deadline to save the costs for as many clients as possible. We have also introduced an option enabling clients to finance their application fees into monthly payments to help diffuse the impact of this decision.

Pardon Services Canada is the oldest Canadian company offering professional support to individuals in obtaining pardons and serves as an advocate for Canadians to exercise their lawful rights under the Criminal Records Act of Canada (CRA) and the Immigration and Nationality Act (INA) of the United States. Since 1989 the company has successfully assisted over 100,000 Canadians to overcome the obstacles of a criminal record and live a record-free life.