We’re still waiting for ‘real change’ on pardons

Lack of reform makes normal life arduous, says Samantha McAleese.

Support for Prime Minister Justin Trudeau’s Liberal government is dwindling. For some, the frustration stems from a lack of movement on much-needed criminal justice reform.

Five years ago, I (along with other members of the Criminalization and Punishment Education Project) organized a public forum in reaction to the changes made to Canada’s pardon system under the previous federal government. Academics, practitioners, and individuals with criminal records came together to talk about the impact of the reforms to the Criminal Records Act. People aired their grievances with the new (and more punitive) record suspension program and the barriers created by the lengthy wait times, the eligibility criteria, and the $631 application fee for those seeking pardons.

It is now five years later and I still hear the same stories. I hear from people who cannot find work. I hear from people who cannot volunteer in their community. I hear from people who cannot find housing. I hear from people who just want to move on with their lives but who continue to endure punishment long after their sentence has ended.

Five years later and nothing has changed, despite a promise from our current government that things would. Despite two successful constitutional challenges (in Ontario and in British Columbia), despite two public consultations, and despite countless stories detailing the barriers to reintegration — nothing has changed.

Five years later and Trudeau’s #RealChange government says it is waiting to make reforms based on evidence. The evidence is there. The previous pardon system had a 97-per-cent success rate according to Public Safety’s own reports, and it does not take much digging to find research that supports processes for sealing criminal records. In fact, a 2006 study from the United States upheld Canada’s pardon system as a prime example of how to decrease the collateral consequences of punishment.

Additionally, the public consultation report from the Parole Board of Canada highlights how people with criminal records are prevented from accessing human rights protections because they simply cannot afford the exorbitant application fee. The second consultation report from Public Safety demonstrates that there is strong public support for a free and automatic pardon process.

All of this evidence is sitting and waiting for Public Safety Minister Ralph Goodale and his team of policymakers, so where is that “real change” we were promised? What exactly is the holdup on meaningful criminal justice reforms that will actually increase public safety and decrease our reliance on punishment and incarceration?

People with criminal records might be prevented from doing many things, but they can vote. If this government continues to demonstrate that it doesn’t believe in second chances — then perhaps it doesn’t deserve one either.