Fix perverse policy
The Harper government’s overhaul of the process for obtaining a criminal pardon was typical of the Tories’ perversely punitive approach to crime policy. The Conservatives imposed an absolute ban on pardons for some offenders, doubled the waiting period to apply and quadrupled the cost, to $631 from $150 . They even changed the name “pardon,” with its connotation of forgiveness, to the more qualified “record suspension.”
This has had predictable results. During a recent federal consultation, 80 per cent of participants said the new rules constitute a “significant” barrier to reintegration. The fee hike in particular creates a Catch-22 for those who can’t find a job because of their criminal records and can’t afford a pardon because they can’t find a job. The findings, obtained by The Canadian Press last week through an access-to-information request, are deeply troubling.
“The fees are impossible for a limited income person,” one respondent wrote in a typical testimonial. “I have completed my assigned punishments long ago but no one . . . will hire me.”
The data suggest he’s not alone. Over the past four years, the number of pardon applications is down by more than half, from 29,849 applicants in 2011-12 to 12,384 last year. This was the desired effect of the Harper policy, but it is cause for real concern.
As with so many elements of the Tories’ approach to justice, the pardon policy has created an unjust cycle of disadvantage without yielding any apparent benefits. Released offenders often require a pardon before they can travel, get a job or find housing. By denying the rehabilitated their earned right to re-enter society, the new pardon rules inevitably increase the burden on the welfare system, not to mention the likelihood of recidivism.
And for what? If given the chance, the vast majority of pardoned Canadians will contribute to their community. Ninety-seven per cent never reoffend, according to the parole board. They are less likely to commit a crime than the average citizen.
The policy makes no sense — and both the government and the public seem to know it. Before introducing the changes in 2012, the Conservatives held a public consultation. Ninety-eight per cent of respondents opposed the new rules. Shortly after taking office, Public Safety Minister Ralph Goodale called the current process “punitive” and questioned both the high fees and the long wait times. But, as is the Trudeau government’s wont, rather than change the policy, it launched its own public consultation, which seems largely to have confirmed the results of the previous one.
The government has a clear mandate to change a policy it claims to oppose. So what’s the holdup? If it fears looking soft on crime, it can rest assured that preserving the status quo looks far worse. It looks cruel and senseless. It’s time Ottawa restored fairness to the system and gave those who have paid their debts the second chance they’ve earned.
The Harper government’s approach to justice has created an unjust cycle of disadvantage