Comparison of the Canadian Pardon System to the United States and Britain

When a person has been charged and found guilty of a crime in Canada he will be dealing with a criminal justice system that is comfortably in between the British and U.S. systems. As one might expect, British law involves a lot of pomp, moustache-twirling, and royal decrees to enunciate the wishes of Her Majesty concerning the interaction between the government and the criminals. The pardon procedure in the U.K. is very discretionary and when the Crown is successfully petitioned to grant a pardon it does not remove the conviction, only the sentence attached to the conviction.

The Canadian political and legal models evolved from the British tradition into a more realistic and humanistic effort to reform criminals rather than ostracize them for life. Without the opportunity to get a good job and have freedom to travel, the only option for many is to return to crime. This is made easier by the practice of jailing; prisoners in jail form gangs and make connections with other criminals. Some arrange for favors to be done on the outside from those getting out before them, with an arrangement for payment so the released prisoner can have cash waiting. Larger networks of criminal association are developed later on since the only people you meet in jail are other criminals. Pardons are of utmost importance in giving a person an incentive to avoid crime.

Pardons Canada is forward-thinking in terms of basic rehabilitation so that crime will not breed more crime. The government has fewer problems with guns and homicides than the U.S. so the prison system is not as strained with overcrowding. There are none of the draconian life sentences for getting three strikes so there are fewer guests of the state being housed and fed. In Canada criminal record pardons enable the convicted person to qualify for unrestricted employment and travel, however they may need a USA entry waiver to cross the border.

In the United States the authority for granting pardons is the President. It has been demonstrated in the U.S. that wholesale jailing has led to an epidemic of lawlessness since prisons can serve as places to form gangs and make connections. Officers with 20 to 30 years of experience who are members of Law Enforcement Against Prohibition (LEAP) are adamant that the prison population is full of non-violent offenders - so overcrowded that new facilities have to be built constantly. The resources spent on guards, food, and administration is enormous and takes away from enforcement budgets. The message is that protecting citizens from violence should be the first priority.

Incarceration creates a violent atmosphere that can magnify the anti-social behavior of inmates. Researchers have found that in the long term, the practice of jailing creates as many problems as it solves. An institution requires funding for guards, administration staff, daily meals, bedding, medical care, and many things that normal citizens struggle to maintain without help from the state. There have been cases where young people find it easier to get arrested and go to prison than to survive on the outside. This state of affairs has not gone unnoticed by the governments and there has often been a reaction when the funding is strained. It results in releasing non-violent prisoners to ease the crowding, but there will always be a few getting out that should have remained locked up.

Pat Boardman is an SEO Consultant writing about applying for a pardon through pardon services.

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