Category: Criminal Records
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Limitations of a Record Suspension
Please note that a pardon and a record suspension are the same thing. It is only the name and some specifics of the program that are different. The pardon program was changed to record suspension following the Conservative government’s omnibus crime bill C-10. Contrary to what you may have a heard a record suspension does…
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The Proposals to Deny Pardons
Following Bill C10, the Parole Board of Canada introduced new steps in the record suspension application process. One is the “Measurable Benefit Letter”. Record Suspension applicants must explain their reason for applying and explain the circumstances of his offenses. They must also explain the efforts they have made to change since the incident(s). In some…
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The Measureable Benefit Letter
Part of the changes made to the Pardon system following Bill C10, the Conservative government’s omnibus crime bill was the additional requirement of showing a “measurable benefit” when applying for a pardon. In other words, if the pardon is not going to help you be a better, more law abiding citizen then you cannot have…
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Bringing the Administration of Justice into Disrepute
Part of the Conservative government’s omnibus crime bill was legislation that changed the laws governing pardons in Canada. Among many measures, including changing the name from pardons to record suspension, was a strange one that allows the Parole Board of Canada to refuse to order a record suspension if it would “bring the administration of…
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The 5 and 10 year waiting periods
Prior to the Conservative government’s omnibus crime bill people convicted of a crime in Canada would have to wait either 3 or 5 years for their eligibility for pardons. Then the waiting period was changed to 3, 5 or 10 years. Now it’s only 5 or 10 years. This should be confusing if you’re coming…
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Crossing the border
I’m often amazed at how many people think honesty is the best policy at the US border. So let’s be clear: it is NOT. If you admit any illegal activity to a US border guard, particularly activity involving drugs, you will most likely be refused entry, fingerprinted, photographed, turned away. You will then be told…
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Parole Board’s authority to revoke a pardon challenged in Federal Court.
TORONTO — Revoking a criminal pardon solely on the basis that RCMP have accused a man of plotting to attack a passenger train is unfair and a violation of his right to remain silent, Federal Court heard Monday. This was the argument put forth in court by Jaser’s lawyer who I have exchanged emails with,…
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My Canadian Pardon: If someone asks, should I tell?
My Canadian Pardon and My Criminal Record – What Information Can I keep to Myself? A lot of my clients ask if they are required to tell people about their pardon if asked. This usually applies to things like job applications and the US border. I have discussed the US border in length on this…
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Get a Pardon Get a Job
Once of the things I routinely argued during the fight against the Conservative’s omnibus crime bill was that a pardon was not so much a form of forgiveness as it was permission to get back to work and find a decent job. Most people understand this. Certainly most of my clients do. That is why…
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Outstanding Fines & Pardon Eligibility
Paying Fines and Getting a Pardon Court-ordered fines and surcharges do not go away, ever. They will always be considered outstanding until the time that they are paid off in full. Until your fine is paid your sentence is not complete. Even if you served 10 years in jail, completed everyday of your sentence and…