Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only.

In this guest blog post, Toronto criminal defence lawyer Craig Penney will discuss bail hearings and specifically what it means to be a SURETY.

If the police refuse to release my client, a Justice will decide at a bail hearing whether to release or detain him. If released, the Justice will impose conditions. Often, the Justice will require someone close to my client to act as a surety. If you are proposing yourself as a surety for my client, here is what you need to know, consider, and expect.

What does it mean to be a surety? A surety monitors the accused person and acts as a financial guarantor. You must ensure that my client shows up in Court, obeys his conditions, and is well behaved. Some Justices refer to sureties as “civilian jailers.” Your financial obligations will be stated on the bail document, the Recognizance of Bail. If my client does not show up in Court or does not follow the conditions, you may be liable to pay the full amount identified on the Recognizance.

Do I qualify to be a surety? Generally, a proposed surety must be a Canadian citizen or a landed immigrant, must not have a criminal record or outstanding charges, and must not be acting as a surety for anyone else. The Justice will consider how long you have known my client, the nature of your relationship, and how often you communicate with one another. An older family member that my client respects, for example, is often an ideal surety. In determining suitability, the Justice will examine your finances, character, background, and community ties.

What if I am a witness or the complainant? Witnesses often cannot be sureties, but there are exceptions. An alleged victim is rarely if ever an appropriate surety. If you are a victim, witness, or complainant, immediately advise my office of this fact.

What should I bring to the bail hearing? Bring photo identification, such as a driver’s licence, passport, or health card. To demonstrate affordability, bring your recent bank, RSP, or GIC statements, bring documents showing the value of your home and mortgage, and/or bring your income stubs or tax assessment. Do not accept a transfer of funds solely to show your new wealth. At best, the Justice will be unimpressed; at worst, this conduct may be viewed as obstructing justice.

Should I speak to your client before the bail hearing? Yes, if possible. One issue at the bail hearing is my client’s willingness to submit to your and the Court’s control. Will he allow you to become his civilian jailer? Discuss your expectations in your new role as surety. Discuss specifics such as where he will live, and whether he will abide by the anticipated conditions. Discuss what hardships the conditions might impose, as the Justice may consider reasonable exceptions. Before you do this, please speak to me, as I will give you a sense of the anticipated conditions. Be sure to ask my client if he understands what will happen if he doesn’t follow your and the Court’s rules. Make note of my client’s answers. You may have to repeat them in Court under oath. In recommending this, keep in mind that my clients are under instructions not to speak about “the case” with anyone except me. This restriction should not hamper you.

Will I have to testify? Perhaps. Be prepared to testify why you are an appropriate surety. If you testify, you will likely be cross-examined by the Crown. The Justice might also ask you questions. You may be questioned about your proposed role or the allegations. To prepare yourself to give evidence in Court, read this webpage carefully, and review my DOs and DON’Ts of testifying.

How does the Justice arrive at a decision? The Justice will release my client if we demonstrate that my client will attend Court, that he obey the Court’s conditions, and that he will stay out of trouble. Some charges are more serious than others. Some cases are more complicated than others. The risks and issues in each case are different. Each must be determined on its own merits. If you want to read a Justice’s reasons for granting bail, read Gordon’s case (the police had alleged that Gordon was in possession of a loaded 45-calibre gun).

What can I expect the conditions to be? The conditions will vary depending on the charges, the allegations, and my client’s circumstances. A child pornography charge, for example, will attract much different conditions than a fraud charge. Conditions may include living at a specified place, reporting to the police, obeying a curfew, counselling, not contacting named persons, and not attending a defined area. One issue you must consider in advance is whether you are prepared to have my client live with you. If not, be prepared to explain why, and to further explain how you intend to monitor my client while he is living somewhere else.

Can someone pay me to act as a surety? No. Accepting a fee to act as a surety is an offence contrary to section 139(1)(b) of the Criminal Code. Both you and the person paying you could be charged for obstructing justice.

If I pay a cash deposit, will that money be returned to me? No. In some cases, a cash bail may be required. Anyone may make the deposit to the Court, but the money is paid on my client’s behalf. Once paid, it becomes my client’s money, held by the Court. At the end of the case, if there is no breach, a cheque will be mailed to my client. You as a surety will not receive any refund.

Will I have to pay money if your client disobeys the conditions? Maybe. If my client fails to show up in Court and/or fails to follow his conditions, you and my client may have to pay the full amount outlined in the Recognizance of Bail. If that occurs, you should immediately seek independent legal advice. Note that any agreement by any person to reimburse you for this potential liability is an offence contrary to section 139(1)(a) of the Criminal Code. Both you and that person could be charged for obstructing justice.

What should I do if your client disobeys the conditions? It is a criminal offence for my client to disobey his conditions. As a surety, you are expected to immediately report any breach to the police. If you fail to do so, and the Crown later seeks payment from you, the Court will consider your inaction in determining your financial liability.

Can I be charged criminally if your client disobeys the conditions? Yes. If my client breaches a condition and the police believe that you participated in the breach, you could be charged as a party to the breach. Even if you are not involved in the breach but simply failed to report the breach, there is a risk that you could be charged criminally.

How long will I be a surety? A surety’s responsibilities continue until the case is over. This may be as short as two months or as long as two years.

What if I no longer want to be a surety? At any time, for any reason, you may attend the same office where you signed the bail to be relieved of your obligations. If you do that, you will no longer be a surety and a warrant will issue for my client’s arrest. Of course, I would prefer that you contact my office so that we can discuss substituting another surety. Section 767.1 of the Criminal Code allows a Justice to “substitute any other suitable person.”

What will happen to your client if he disobeys the conditions? My client can be criminally charged for “breaching his recognizance.” The Crown may also apply to revoke his bail, and seek payment of the bail amount. My client may later obtain bail again — most likely with another surety — but the conditions will usually be stricter and the bail amount higher.

If I am paying your retainer, can I provide you with instructions? No. You are not my client. Payment of my retainer comes with only two conditions: that the money be used for services and expenses relating to the case and that, if there is any refund owing, I will return the unused retainer to the person who paid the money.

As a surety, what control do I have over the case? None. You cannot provide any instructions regarding the case.

Can there be more than one surety? Yes. If you feel that you cannot monitor my client on your own or that you might not qualify financially, you and another person may propose yourself as sureties together.

Are our communications protected by solicitor-client privilege? No. Your communications with me and my client are not protected by lawyer-client privilege. You are free to discuss them with anyone. While testifying, you must disclose those communications if asked to do so.

Can you provide advice to me as the surety? No. While we may be working together to obtain my client’s release, I am not your lawyer and cannot provide you with legal advice. I am there to protect my client’s interests, not yours. If your require legal advice about your risks, rights, and obligations, consult another lawyer. If necessary, I may be able to assist you in finding independent legal advice.

written by admin \\ tags: bail, craig penney, surety

Toronto criminal defence lawyer Adam Goodman has put out a very informative and professional video on the criminal court process.  It’s 10 minutes and 47 seconds long and chuck full of the good stuff.   With his permission, here it is:

I was very pleased to see information like this being put together by lawyers.  It can help take away the mystique about the criminal court process.  Enjoy!  Remember: it’s not legal advice (it’s legal information and provided only for educational purposes).  If you need to speak with a criminal law lawyer, you can make a post on Dynamic Lawyers.  If you would like to contact Adam directly, you can do so by contacting him here to arrange for an initial consultation.  Thanks Adam and keep up the great work!

written by admin \\ tags: adam goodman, criminal defense lawyer, the criminal court process, toronto criminal defence lawyer, Toronto criminal law lawyer

If you would like to remove your criminal record, contact Pardons Canada.  It is a Federal non-profit organization that assists individuals in removing a past criminal offence from public record. They also help individuals obtain U.S. Entry Waivers.

So today’s National Post reports that Julian Fantino – the Commission of the Ontario Provincial Police – faces criminal charges of attempting to influence municipal officials.  This is an indictable offence (the most serious kind).   A summons has been issued which requires Mr. Fantino to appear before  a criminal court to answer questions about the charge.  As per Duhaime.org, a summons does not involve an arrest.  Rather, it is merely a document used by police to compel an accused to attend court to answer the charges.

Now, for the purpose of Mr. Fantino’s criminal record, here’s something important to remember: because Mr. Fantino was not arrested and charged with an indictable offence (rather, a summons was issued against him pursuant to a private complaint), the Identification of Criminals Act will not apply.  That Act gives police the authority to fingerprint and photograph an accused in lawful custody who has been charged with an indictable offence.

So what does that mean for Mr. Fantino?  Well, the good news is that his criminal record information (i.e. being charged) cannot end up being reported to the RCMP’s Identification data bank, which holds criminal record information based on fingerprint support.  Since Mr. Fantino won’t be providing his fingerprints, there is no way for that criminal record information to be put into that system.  Once an outcome has been achieved (e.g. conviction, acquittal, dismissal of charges, conditional or absolute discharge), the criminal record information is made accessible to various police and government agencies, including the U.S. Customs and Border Protection Services.  If a conviction results and that information was shared with the U.S., or if Mr. Fantino admits to having committed the underlying elements of the offence of attempting to influence municipal officials, he may be inadmissible into the U.S. unless he obtains a U.S. Entry Waiver.  Since that information cannot be shared with the U.S. because the RCMP Identification data bank does not have it, he can rest a bit easier in his travels.

That said, if the charging police so desires, it can probably use the RCMP’s Investigative data bank to record criminal record information about charges for which there is no outcome.  This could, for example, be revealed in a particular criminal record check (called a CPIC check or Canadian Police Information Check), which the U.S. Customs and Border Protection Services has access to.  The records in the RCMP’s Investigative data bank are created, maintained and removed by the charging police service, so it is really up to them whether they want to input the information there.

Of all the places where Mr. Fantino’s criminal charges COULD be held, they will MOST DEFINITELY BE HELD in the record management system of the charging police service.  So they could be found through certain police background checks.

written by admin \\ tags: criminal records in canada, rcmp identification data bank, rcmp investigative data bank

If you would like to remove your criminal record, contact Pardons Canada.  It is a Federal non-profit organization that assists individuals in removing a past criminal offence from public record. They also help individuals obtain U.S. Entry Waivers.

So in this blog, I’ll be touching briefly on something that affects many people with a Canadian criminal record: trying to enter the U.S.

It’s a dreaded moment.  You fear the worst.  What do they know?  Can they see your criminal record?  What if you lie?  What if you are in the process of getting a pardon?  What if you already have one?  What if they ask you about your pardon?  What should you say?

These and other questions are dealt with in my book on criminal records in Canada, which is set to come out next year.  But for now, I’ll try to shed some light on the issue of traveling to the U.S. with a Canadian criminal record.

The bottom line is that, if you’re not a U.S. citizen or status Indian and you have a criminal record, you may be denied entry under the U.S. Immigration and Nationality Act.  That Act is long and complicated.  Don’t bother trying to go through it yourself.  All you need to know is that that Act makes people with criminal convictions INADMISSIBLE into the U.S.  The only way to get around this inadmissibility is to either fight the decision through the U.S. justice system (way too expensive and time-consuming for most) or obtain a U.S. temporary entrance waiver.

So what makes you inadmissible?  Well, there’s lots of different categories you could fall under because of your criminal record but the biggest two are convictions for drug related crimes and crimes involving moral turpitude.  Convictions for drug related crimes can be as simple as possessing marijuana and being convicted of it 30 years ago.  But what about crimes involving moral turpitude or CIMT?  Well, that’s a whole can of worms in itself, as you probably guessed.  Basically, because that term is undefined, there is a whole slew of cases from administrative and judicial bodies over the years that have commented on what it actually means.  I won’t get into the complicated details here (you can read my book when it comes out).  You just need to take my word that it is confusing and sometimes frustrating.  For example, drunk or reckless driving is generally not considered a CIMT.  Neither are common assault, breaking and entering, firearms violations, incest or libel.  But the more serious types of offences are CIMT, such aggravated assault, arson,  murder, prostitution, sexual assault, fraud, forgery, and blackmail.  For a list of what is and what isn’t considered a CIMT, check out the U.S. Department of Foreign Affairs Manual Volume 9 – Visas.  Be warned, however: this may not be current or complete.  You should always check with Pardons Canada to find out the latest on whether your criminal past will prevent you (at least initially) in being admitted into the United States.

If you’re inadmissible, then you can still try to get a U.S. Entry Waiver to be allowed to enter.  These are legal documents that allow you to enter for a temporary time.  The application process is complicated and may run you a few hundred dollars to have an agent or lawyer or Pardons Canada to do all the paperwork for you.  It could take up to 1 year to do.  Remember: don’t try doing these things yourself.  You could make a mistake very easily.  It’s an emotional roller coaster.  You may have questions or concerns.  It’s best to leave it to the professionals!

written by admin \\ tags: crimes involving moral turpitude, criminal record at border, drug related offences, entering us with a criminal record, entry waiver, inadmissible to the United States, pardons, us entry waiver

If you would like to remove your criminal record, contact Pardons Canada.  It is a Federal non-profit organization that assists individuals in removing a past criminal offence from public record. They also help individuals obtain U.S. Entry Waivers.

Canadian pardon services like Pardons Canada can help you remove your criminal record.  Sometimes, depending on what your criminal record is made up of, you won’t need a pardon.  As discussed in previous blogs, pardons are required where you are convicted of a federal offence (e.g. a crime or a drug-offence).  If you were acquitted, the charges were dismissed / withdrawn, there was a stay in proceedings, you entered into a peace bond, etc., then you won’t need a pardon.  What you need here is to request a file destruction from the police service that charged you.  You shouldn’t try this yourself!  If you read my previous blog, you should be SCARED STRAIGHT into not trying to erase your own criminal record.  Rather, you should get Pardons Canada to represent you and contact the various partners in the justice system on your behalf.  Also, if you received a conditional or absolute discharge, you won’t need a pardon.  These things are automatically removed from criminal record databases, but you should still get Pardons Canada to confirm that the charging police service has also destroyed / purged your file if you received an absolute or conditional discharge.

What else do pardon services in Canada do for you?  Well, they know which forms you need.  They know who needs to be contacted.  Importantly, they know which steps need to be taken and in what order.  For example, they’ll tell you that, if you have a criminal record that can be pardoned and want to travel to the U.S., you’d better not go to the border before you get that pardon.  Why?  Because once you’re at the border being investigated by the U.S. Customs and Border Patrol, they can download and forever keep a copy of your Canadian criminal record.  Even after you get a pardon, the U.S. will still have a copy of your past criminal record which they downloaded.  They don’t recognize Canadian pardons!  But if you have received a pardon before going to the border, those border officers wouldn’t see anything when they ran a search on you.  You see now?  Pardon services can help guide you through the maze of a process to remove your criminal record.  They can also provide reference letters to important decision makers (e.g. employers, Canada Customs and Immigration) to let them know that you are in the process of removing your criminal record.  This could make all the difference: some people are removed from Canada as a visitor, temporary or permanent resident, convention refugee, etc. because of their Canadian criminal record. If, however, you can show that it’s being removed and time is on your side, then you may be able to avoid being removed or may be able to come back sooner!

written by admin \\ tags: canada pardon, canadian criminal record, canadian pardon services, criminal record, criminal record in Canada, pardon services canada, pardons canada canada pardon

If you would like to remove your criminal record, contact Pardons Canada.  It is a Federal non-profit organization that assists individuals in removing a past criminal offence from public record. They also help individuals obtain U.S. Entry Waivers.

So you want to know more about pardons and you can’t wait until my book comes out next year?  You’ve probably read my previous blog about pardons.  Well, then I guess I ‘ll give you a few tidbits about pardons that will dispel SOME myths…6 of them to be precise (in this blog at least).

First, you don’t need a pardon to remove your criminal record in all cases.  For example, if you were acquitted, then you won’t be convicted and you won’t need a pardon.  Instead, you’ll need to request a file destruction from the police service that charged you with the offence.   This may do this upon request after a few months or automatically after a certain period of time elapses.

Second, a pardon doesn’t remove your criminal record in all places automatically.  A pardon is governed by a federal law: the Criminal Records Act.  That Act applies to federal institutions.  Part of the process of getting a pardon, however, is to inform and communicate with provincial police / courts and municipal police forces.  This way, when a pardon is issued or granted, those non-federal entities will also refuse to divulge a criminal record that has been pardoned.  It’s best to correspond with and confirm with the various partners in the justice system that may have a copy of your criminal record that your record has in fact been removed and is inaccessible.

Third, when you are issued or granted  a pardon, it will NOT say on your criminal record that you’ve received a pardon.  However, there is an exception: if you’ve been pardoned for an offence of a sexual nature (listed in the Criminal Records Act), then there will be an indication when certain criminal record checks are conducted which show this.

Fourth, a pardon doesn’t erase your criminal record.  I talked about this in greater detail in my previous post.

Fifth, most people who apply for a pardon correctly are granted or issued one.  What’s the difference between being granted vs. issued?  Well, if you’ve been convicted of less serious crimes and you apply for a pardon and have complied with all requirements, then the National Parole Board will automatically ISSUE you a pardon.  This is a non-discretionary act.  If, however, you’ve been convicted of a serious crime and you apply for a pardon, then the National Parole Board has the discretion to GRANT you a pardon after carefully reviewing your application.  It has no obligation to do so.  In fact, these types of pardons take longer to process and more paperwork may be involved.

Sixth, you may think you can do your own pardon, but you’d be a fool to do so.  The process is neither straightforward, nor easy.  It’s like trying to do your own taxes, but it takes up to 2 years to do them, you have to deal with multiple parties (e.g. police, courts, RCMP, National Parole Board, etc.), you can screw up quite easily (e.g. by failing to submit a complete and accurate application or by doing something in the wrong order), and there’s a lot of emotional and psychological turmoil that you’ll need to relive.  That’s why it’s recommended to speak with an agency like Pardons Canada which has the knowledge, skills, and experience to help you get your pardon and remove your criminal record.

written by admin \\ tags: canadian pardon, criminal pardon, criminal records in canada, pardon, pardon my criminal record, pardon services

If you would like to remove your criminal record, contact Pardons Canada.  It is a Federal non-profit organization that assists individuals in removing a past criminal offence from public record. They also help individuals obtain U.S. Entry Waivers.

You’ve heard it before: you should get a pardon.  But what is it?  What does it do?  How do you get one?  How long does it take to get one.  Well, answers to these and other questions will be available in my book, which is set to come out next year.  Until then, however, you can read what I’ve briefly written below or, in case you require a pardon, contact Pardons Canada.

A pardon is a status that, once achieved, effectively hides your criminal record.  It doesn’t destroy it.  Nor does having a pardon mean that you are absolved or pardoned from having committed a crime.  It simply means that you are deemed to be rehabilitated and that your criminal record will be inaccessible to police, courts, border services, immigration officials, employers, volunteer organizations and others.  Having a pardon doesn’t guarantee that it remains hidden forever: if you reoffend or if you lied in getting a pardon, for example, it could be taken away from you and therefore be visible once again.  Importantly, if you’ve been convicted of an offence of a sexual nature, then even a pardon cannot hide your criminal record.  It will be revealed through a criminal record check.  This becomes relevant when you’re planning on working or volunteering with organizations or persons in the vulnerable persons sector (e.g. children, the elderly, the disabled, etc.).

So a pardon is nothing more than a status obtained under the Criminal Records Act. That act governs how pardons are granted or issued, by whom, what their effect is, and how they can be revoked.

The Act designates the National Parole Board as the  government body which has exclusively authority to grant or issue pardons.

To be eligible to apply for a pardon, you have to have been convicted of a federal offence (so that a record exists to begin with) and then you must apply to have the record removed and sealed from other criminal records.  You can’t apply until you’ve completed your sentence (e.g. served all jail time or community service and paid all fines and restitution, etc.) and waited a set number of years.  In applying, you’ll need to pay a fee (currently $50 but possibly going up to $150), obtain and submit your criminal record, and fill out a whole bunch of other paperwork.  Assuming your paperwork is in order, after a few months (for simple, less serious offence) to a year or two (for more serious offences), you’ll hear back from the National Parole Board.  They issue or grants pardons almost all of the time (e.g. 99%).  And the number of pardons they revoke is very low (e.g. less than 3-4%).

So that’s a quick overview of the pardon process.  Again, if you’d like to know more information about how to get a pardon, how it benefits your everyday life, you’ll need to wait until my book comes out or contact Pardons Canada.

written by admin \\ tags: canadian pardon, canadian pardons, criminal record pardon, pardon, pardon criminal record, pardons, pardons canada

If you would like to remove your criminal record, contact Pardons Canada.  It is a Federal non-profit organization that assists individuals in removing a past criminal offence from public record. They also help individuals obtain U.S. Entry Waivers.

If you want to know more about criminal records, you can read my other blog posts or wait until my book about criminal records comes out next year.

So if more than 4-million people have a criminal record in Canada, does that mean we live in a nation of criminals?  Simply put: no.  Most people with criminal records are everyday folk.  They are working people.  They have families.  They pay taxes.  They are educated.  They look like you and me.  They have 1 name (not 9 names or aliases), have no tattoos, don’t own guns, and don’t hang out in gangs.  They just had a temporary lapse in judgment – most likely when they were younger and more deviant – and now they have a criminal record.  It could be for something as simple as possession of marijuana, assault, uttering threats, being drunk in public, etc.  It doesn’t take much to have a criminal record but, as seen in my previous blogs, it can impact and RUIN your everyday life so long as you have them.

That’s why it’s important not to demonize people with criminal records.  Yes, the police have a job to do.  They want to keep the public safe, prevent crime, and find criminals.  But their interests are one-sided: crime detection and prevention.  That’s good.  But there are limits on that.  For example, police create criminal records.  The police would probably want criminal record to be available all the time from anywhere about anyone.  But that affects the person subject to the criminal record in a very negative way.  They continue to be punished long after the charges were dropped or the sentence was served.  In fact, the Canadian Charter of Rights and Freedoms guarantees everyone the right not to be punished again for being convicted of the same crime.  But as seen in my last blog, when it comes to criminal records, nothing could be further from the truth.  Having a criminal record can ruin your chances of employment, having a family, immigrating to Canada, traveling to the U.S., etc.

So the bottom line is that we do not live in a nation of criminals.  It’s very easy for someone to have a criminal record.  Most people get a criminal record for acts they did long time ago during a confusing or difficult part of their life.  Perhaps they had a bad influence or hung out with the wrong crowd.   And having a criminal record can wreak havoc on your everyday life.  Many people have a criminal record but don’t realize they do.  Or perhaps they’ve learned to live life with it.  Or perhaps they aren’t aware of services like Pardons Canada that can help people remove their criminal records.

written by admin \\ tags: criminal records in canada, having a criminal record, nation of criminals, pardons canada

If you would like to remove your criminal record, contact Pardons Canada.  It is a Federal non-profit organization that assists individuals in removing a past criminal offence from public record. They also help individuals obtain U.S. Entry Waivers.

So in this blog, I’ll be talking about the scary and frustrating ways in which having a criminal record in Canada can ruin your life…

Lets start off with the basics…Discrimination…If you have a criminal record and police do a criminal record check in their cruiser (using your name and date of birth) and find a record, the chances are that you’ll look less innocent in their eyes than if you didn’t have a criminal record.  Lets face it.  If police see that you’ve got a long history of criminal or delinquent behaviour involving the justice system, and they’re looking at you right now, things aren’t going to go your way…  The same can be said about judges in court.  If you’ve just been convicted for the 3rd or 4th time for an offence, well that information can come out in sentencing.  The judge will probably think that you’re a repeat offender in need of a harsher sentence.  If you’re in family court, having a criminal record can be used to discredit you so that you lose child custody/access.  Ouch!

Lets talk about discrimination in the workplace.  After 9 /11, many employers are now wanting prospective employees to provide or consent to criminal record checks.  If you have a criminal record, the chances of you getting a job just got a whole lot smaller.  If you’re applying for a bank job and you have been convicted of theft, good luck!  Same goes if you’ve been convicted of dangerous driving and you’re applying to be a trucker: slim chance!  Lets face it: having a criminal record makes you less trustworthy than someone who doesn’t have one.

Volunteering?  If you have a criminal record, you likely won’t be selected (especially if you’ve been charged or convicted of offences against vulnerable people).  So that means you can’t even help out at your child’s school.

What about immigrating to Canada.  Well, having a criminal record from abroad or in Canada can significantly impact your ability to enter and remain in Canada (either as a visitor, temporary resident, student, worker, permanent resident, convention refugee, etc.).  You can even find yourself barred at the border or removed from Canada once you’ve entered legally because of your criminal record.  Kiss your dreams of becoming a Canadian citizen goodbye!  You can always try to get the government’s consent, but that takes time and money.

Another biggie is traveling to the U.S.  Talk about a mess and a half.  Nobody really understands what the U.S. is looking for in terms of criminal records to let you in.  The bottom line is drug-related offences or offences involving moral turpitude (some confusing and frustrating phrase) means you won’t get in without  a U.S. Entry Waiver (which takes time and money to acquire).

Even the family dream of adopting a child or becoming a foster parent becomes simply that with a criminal record: a dream!

If you want to rent an apartment or get mortgage approval to get a home – if you have a criminal record – you may be denied!

So what are you left with?  Well, lets just say you’re in stay in a bad spot so long as your criminal record exists and is available to prying eyes.  Years of schooling wasted because you can’t work at your dream job.  You can’t contribute to society through volunteering.  You can’t become a Canadian citizen or travel to the U.S. (for business, pleasure, etc.).  Your life is effectively put on hold…

That’s why I say that having a criminal record can RUIN your life!

written by admin \\ tags: affect of having a criminal record, bank job, criminal offence, criminal record in Canada, criminal records in canada, discrimination, getting a job, non profit organization, pardons canada, remove your criminal record, ruin your life, volunteering

If you would like to remove your criminal record, contact Pardons Canada.  It is a Federal non-profit organization that assists individuals in removing a past criminal offence from public record. They also help individuals obtain U.S. Entry Waivers.

Isn’t it funny: not many people understand what a criminal record is, how it can affect your life, who can access it, how it gets removed etc.

The reason: why should they?  What incentive do they have?

Lawyers – and I am one – have no inclination to learn about criminal records because there’s little or no business to be made from it: the business of removing criminal records is already dominated by Pardons Canada and others.  Even criminal lawyers who deal with those who have been charged with and perhaps convicted of crimes don’t generally follow up with trying to remove their client’s criminal records thereafter.  They’re too busy preparing for court, making submissions, interviewing clients, etc.  They can’t be bothered with this seemingly administrative task of helping clients remove their criminal records.

What about those in the industry of removing criminal records.  Well, their goal is simple: they help you remove your criminal record.  Do they need to know how a criminal record is made?  Perhaps.  That would surely help.  Should they know about who can access it and how?  Maybe.  It doesn’t impact their everyday jobs though.  They simply need to know where your criminal record is stored and how to remove it.  They’re not necessarily concerned with how it got there and how can access it.  They are just focused on getting it out of sight.  That doesn’t necessarily mean that their efforts end up destroying your criminal record.  In fact, if you have a criminal conviction for a serious offence, for example, the best you can do (which is good enough in most cases) is to hide your criminal record, not destroy it.

What about the police?  Well, they’d probably want to keep all information they collect without purging or destroying it.  But they don’t generally really understand or appreciate (because they don’t really have to) how a criminal record is created, who can access it, how it gets removed, etc.  An everyday police officer probably knows very little about one piece to the puzzle (e.g. how to do a criminal record check), but that’s it.  They don’t need to know – and therefore they don’t – every aspect of criminal records.

So there you have it: neither lawyers, those in the industry of removing criminal records, or police fully understand or appreciate criminal records in Canada.  Each party has his or her own role to play within that field, but no one truly sees the whole picture.  Why?  Because they don’t need to…

But if you have a criminal record, you’ll likely have lots of questions.  Unfortunately, not too many people have all the answers.  You’ll have to wait until my book comes out if you want to see THE FULL PICTURE!

written by admin \\ tags: criminal records in canada, get a pardon in canada, pardons, pardons canada