Start fresh: New Coalition urges federal government to review its pardon system so that an offender’s criminal record is automatically erased after he has served his sentence and a certain period of time has passed without further conviction. Such a scheme would help vulnerable and marginalized people who often do not have the money or the means to apply for past offenses to be sealed.
Some 60 groups have joined forces to launch this campaign to reform the current system which they call “unfair” and “expensive”.
The existence of what is commonly referred to as a “criminal record” weighs heavily on a person’s life: potential employers check criminal records, as do landlords, organizations that seek volunteers, and sometimes even schools, when of parents want to go on school trips.
In short, those who have committed a criminal offense in their past come up against a wall of obstacles when they look for housing or a job that would help them get back on their feet, argues the Coalition, which counts in particular in its ranks the Native Bar Association (ABA), the Black Legal Action Center (BLAC) and the Canadian Civil Liberties Association (CCLA).
What are they aiming for? A system that automatically erases criminal offenses after a certain time. The Coalition is looking at what would be the optimal timeframe to make a recommendation to the Canadian government.
She considers this approach preferable to the current process which places the burden and cost of the application on the shoulders of former offenders. “The system is difficult to navigate,” insisted at a press conference Wednesday morning Abby Deshman, director of the criminal justice program at the CCLA. It is also costly: the federal government charges a fee of $ 658 for the request for a criminal record suspension, but there are other costs that add up, including obtaining the required documents.
Another difficulty: for those who live in isolated communities, there are not always organizations that can help them fill out the necessary paperwork, and sometimes the Internet is not even accessible there, added Drew Lafond, president of the Native Bar Association (ABA). ” Occasionally, [les anciens contrevenants] don’t even know this option exists. “
This ensures that a criminal conviction remains like a sword of Damocles over their heads all their lives.
They would be hundreds of thousands in Canada in such a situation, that is to say one in nine people, it was indicated during the press conference.
Such a system of suspending a criminal record has existed for years in the system created for young offenders under the age of 18. And it works “like a charm,” judge Catherine Latimer of the John Howard Society of Canada.
Note that, even in an “automatic” system, employers and homeowners would no longer see a person’s background, but the police would still have access to it.
Considerable impact on marginalized people
According to Abby Deshman, the current system “disproportionately” harms marginalized communities.
Moya Teklu agrees. The Executive Director of the Black Legal Action Center points out that black people are more likely to come into conflict with the justice system, and also more likely to get stuck in it. For her, “the establishment of a system of past sentences would be a concrete step in the fight against racism against the black population in the criminal justice system, at work and elsewhere”.
“With regard to women, transgender people and non-binary people, it is often to survive poverty that they face justice, and the stigma associated with a criminal record helps to keep them there”, said Emilie Coyle, Executive Director of the Canadian Association of Elizabeth Fry Societies.
The burden of asking for “forgiveness” is also very heavy for people living with mental health problems, or those who are homeless, who do not even have an address to receive all the necessary forms and follow-up documents. , recalls the Coalition.
Not to mention that the current system does not help make communities safer, believes the Coalition: it prevents citizens from finding housing and employment, which would allow them to find a way out of poverty.