We have received many calls from Canadians concerned about the changes in the law regarding Canada Pardons.
The original Bill C23 contained many clauses that would significantly change the rules for obtaining a Pardon. The most drastic being a change in the eligibility requirements for all indictable offences from 5 years to 10 years. They also proposed to change the name from “Pardons” to “Record Suspension”.
Usually Bills are debated by the political parties and compromises are made. In this case, they wanted to hurry the Bill C23 through the legislature very quickly in order to stop Karla Homolka (and anyone else with such heinous crimes) to receive a Pardon. As a result of wanting to do it in a hurry, the Bill was stripped of many of its original clauses in order to ensure quick passage.
When Bill C23A passes the senate, it will give the government the ability to reject pardon applications “that would bring the administration of justice into disrepute”. In other words, it would give them discretion to reject someone like Karla Homolka for a Canada Pardon. In addition the new Bill C23A stipulates that individuals who were convicted of certain serious personal injury offences under the Criminal Code (including manslaughter – which is what Homolka was convicted for) and who were sentenced to prison for at least 2 years would have to wait 10 years after completing their sentence before applying for a pardon.
To learn more about how the Bill C23 became law so quickly the following is an informative blog:
http://www.dynamiclegalforms.com/record-suspension-canada-pardon-amendments-to-bill-c-23/24/
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at [email protected] or call 1-877-929-6011.