Former hockey coach Graham James was pardoned in 2007. James was convicted of sexually assaulting several young hockey players including former NHL player Sheldon Kennedy.
Legal Pardons in Canada
Pardons are the mechanism which excuses past convictions. Criminal records aren’t erased, just placed in a file separate from those kept at the Canadian police information centre where police can’t access them, and neither can future employers. The only exception is in the case of any child molestation or sexual offense committed against a child. In that case, employers will still have access to that information.
In order to receive a pardon a person convicted of an indictable offense must have five years of good behaviour. In awarding the pardons, the parole board doesn’t take into account the crime. But if the offense is murder, or the criminal has been deemed a ‘dangerous offender’, they can’t apply for a pardon. The only reasons a pardon is revoked are if the person lies on the pardon application, if they commit another offense, or the National Parole Board (NPB) finds they are no longer in good conduct.
When Graham James received his pardon in 2007, 14,748 pardons were issued and only 103 people were turned down.
Proposed Changes to Pardon Legislation
The federal government says the legislation governing pardons needs to be tightened. Public Safety Minister Vic Toews, in remarks published on CTV.CA , voiced his concern about pardons issued for sexual crimes: “I’m actually concerned about the types of sexual offenders getting pardons, in my opinion and in my experience pedophiles aren’t easily cured.”
Karla Homolka was convicted of manslaughter in the deaths of two schoolgirls Kristen French and Leslie Mahaffi. She served 12 years in jail, and is eligible to apply for a pardon later this year. Toews said, in comments published by CTV.CA, that his government favoured legislative changes: “I think looking at it by way of administrative changes doesn’t appear to be sufficient.”
Prime Minister Stephen Harper, in comments published on CTV.CA, said Canadians have always thought a pardon system offensive: “For many years the vast majority of Canadians have found this deeply offensive. Now they find it unacceptable.”
The Liberals say they’re open to looking at reforming the legislation. On CTV’s Power Play, Toews’ Parliamentary secretary Dave MacKenzie said no legislation has been written yet. In comments on CTV.CA, he speculated on what kind of changes might be made: “I believe certainly it could be made exceptions for those convicted of what we deem sex offenses.”
Laura Steiner - First hand experience covering politics at all levels; municipal, provincial, and federal.
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