Thank you.
Good afternoon. Thank you for this opportunity.
The John Howard Society of Manitoba, with support from the John Howard Society of Canada, BUILD, and Opportunities for Employment, is appearing this afternoon to respectfully ask this committee not to make any further changes to the legislation governing pardons, especially those set out in Bill C-23B. In our opinion, the proposed changes are unnecessary and would ultimately make Canadians less safe.
We're particularly concerned about changes that would double the waiting period for those wanting to apply for a pardon, prohibit those who've committed specific offences from ever getting a pardon, and deny anyone convicted of more than three indictable offences from ever applying for a pardon.
The society is also opposed to changing the term “pardon” to “record suspension”. In discussions around Bill C-23B last spring, it was said that the government should not be in the business of giving pardons, and this was the purview of victims. I respectfully submit that two different concepts--pardon and forgiveness--are being confused here.
Under Canadian law it is the crown, on behalf of the Government of Canada, that brings charges as an aggrieved party, not the victim. If convicted, an individual is found to have committed an offence against Canada. Therefore the government clearly has a role in granting pardons as an aggrieved party, which is separate from forgiveness that a victim may or may not grant. Furthermore, the word “pardon” has deeper significance than “record suspension”. “Pardon” implies that the individual in question is no longer an offender or a risk to the community in a way that “record suspension” does not.
At most, only 4% of those pardoned reoffend at a later date, strongly suggesting that the current criteria are more than sufficient. A pardon doesn't prevent a person from being investigated for other offences or make it any easier for the person to commit a crime in the future. What benefit is there to public safety in doubling waiting periods and taking away pardons altogether from those who commit specific offences or have more than three indictable offences? On the contrary, putting additional pardon barriers in the way of individuals trying to move forward and live crime-free lives decreases public safety. It is in the interest of public safety that, once convicted of an offence, the individual has a way, through the pardon process, of putting their past activities behind them and not committing any further crime.
There's also an element of unfairness in this proposed legislation for those it would most impact. It is well known that aboriginal peoples are over-represented in the correctional system. In Manitoba, aboriginal people make up only 12% of the overall population, but represent approximately 70% of those who are incarcerated. Therefore, Bill C-23B would be many times more likely to negatively impact this community, especially in Manitoba.
It has been said that the legislation has been drafted with victims in mind, yet it does not give victims any say or part to play in the pardon process, nor does the bill appear to advance victims' interests.
In my experience from working as a mediator in victim-offender mediation for many years, victims have three key needs: to know that the offender will not victimize them again; to know that they will not victimize someone else; and to know that the accused has learned from the experience and is making himself or herself into a better person as a result.
None of these needs are addressed by making it more difficult for an individual to get a pardon. In fact, the victim is more likely to be satisfied that his or her accused has been able to move forward and demonstrably live a crime-free life, which is symbolized by the offender getting a pardon.
The committee will now hear from three individuals who have committed crimes in the past and are working hard to move forward with their lives. I ask that you consider the consequences these individuals would face by not having a pardon, and how denying pardons in their instances would in any way make our community a safer place to live.