Thank you very much.
It's a pleasure to be here. This is my first trip to Ottawa. It is a beautiful city.
Good morning. It's an honour to appear here today to give comments on a bill that has the potential to impact both public safety and the confidence of the public generally--but especially victims--in regard to the justice system.
In the past few years, we have seen much focus and public attention on the issue of pardons in Canada. This, of course, has precipitated this bill.
There are many elements of this bill that I would suggest the policing community would support, as they would assist us in protecting the public.
First, changing the name of this from “pardon” to “record suspension” is important, as it recognizes the victims in this process. Victims can be impacted by crime long after any pardon or record suspension is given. In many cases, they would never pardon the criminal.
It is a very positive step that the National Parole Board will now have much more authority when it comes to granting, denying, and revoking the record of suspension.
With regard to extension of the ineligibility period for application and concerns about how that can affect people, we need to remember that although the bill recommends that summary conviction offences have a five-year waiting period and indictable offences 10 years, through the use of absolute and conditional discharges there are two other periods: one year for absolute discharges; and three years for conditional discharges, where these records are automatically removed either immediately or upon successful completion of the probation period. Many of these sentences are given out especially with first-time offenders so they don't have to wait for the longer period imposed by this proposed bill.
I note that out of the 400,000 pardons given since 1970, 96% are still in force. That's an important figure, but what about those who've been given pardons who have just not been caught?
I do find it interesting that it appears that a very large number of pardons have been given out in the last few years. I also note that, based on figures given, in the last two years hundreds of sex offenders have been pardoned. This is very troubling.
Some sex offenders, especially predatory criminals and those pedophiles who prey on children, are arguably never cured. If any are included in that group, the consequences could be tragic. I note again these individuals who were pardoned in just the last few years. It should be noted that, according to Statistics Canada, sex offences have one of the highest rates of underreporting in Canada.
There will likely be concern around the issue of no eligibility for those who are convicted of certain sex offences against children or who have three convictions for indictable offences. Anyone who would commit these sexual offences against children is a predator. As I've said previously, it is a well-established fact that many of these predators can never be cured, so in light of that they should never have a record suspension.
It does make sense, though, to allow the noted exceptions, which relate to certain sex offences against minors by offenders close in age, as I think the public would understand this rationale.
The issue of ineligibility where a person has been convicted of more than three indictable offences is one that I respectfully suggest requires some discussion. A young person could be convicted of three break-and-enter offences when they're in their late teens or early twenties. If they clean up, and they're in their thirties and forties, should they still be ineligible? Overall, I believe the police community and the public would support this bill and its intention to allow those who have reformed to have a clean slate to get on with life and be a contributing citizen. Those who continue to reoffend or commit sex offences against children should not get this privilege.
Having the National Parole Board given the authority to make informed decisions in all cases can only be seen as positive. This bill should turn around the public perception that pardons are there just for the asking.