Should ex-cons have their rights restored, and should pardons be automatic after a period of time?
I would like to start this article with saying, in Canada there is very little difference as far as the changes in what the law applies to you before and after your sentence is complete. Ex-cons in Canada do not lose the right to vote like in some other countries. However, here are the rights we do lose and the law doesn't protect ex-cons or ex-offenders who are seriously trying to live a law-abiding lifestyle. Nor do they even protect the normal public from these incidents. However, I will apply it to the ex-con, or criminal related events.
Ex-cons rights do not exist when it comes to Employment
Any employer can discriminate against a person because of their criminal record, regardless of how long they have been in society without re-offending. There is very little recourse and for the most part, the person just has to take it (until they are granted a pardon). Even once they are granted a pardon, there are still some educational opportunities and jobs they still cannot obtain. To read more about the pardon process in Canada click here. I would suggest changes that need to be implemented in this area are:
- Pardons should become automatic for anyone who has not re-offended and remains crime free and who is considered not active, by the local police in criminal activity, for not less then 3 years after their full sentence is complete. In the case of lifers who are on parole for the rest of their life and never obtain eligibility for a pardon, should receive a conditional pardon related to work reasons only, after a 5-year period. Regardless of anyone's past people have to be able to work.
- Laws and legislation should be put into place so business cannot just discriminate from hiring you on grounds of a criminal record. Especially in cases were the crime would not affect your ability to do the job, or there is no reasonable chance that your offence could repeated.
- Ex-cons should have the same rights as anyone else for all education programs.
- If you are hired for a job or have a positions and it was later found out that you have a criminal past the employer shouldn't be able to terminate your employment based on that reason only.
Media can wreak havoc on an ex-con for the rest of his/her life
There is no limit to the amount of time or period of time past the offence, that the news cannot report on your crime (using your name, etc). Even after your receive a pardon the media can still report your crime with your full name present in the article. I am not suggesting that they cannot report on the crime or the particulars of the crime or news. I am only requesting the name of the offender be protected, after a period of five years following competition of sentence or the granting of a conditional pardon for a lifer. Many times ex-offenders who are law abiding for a significant period of time, working, and getting their lives back on track have lost their jobs or gone through unnecessary ridicule because the media (any form) have decided to use their names in relation to another crime or story. In some cases even after a pardon was granted, once your employer finds out that you have a criminal past, regardless of a pardon or not, if they don't want you around they will find something to fire you for. I am not referring to serial killers and the like here, what I am referring to is to a person who is released from prison and living a law abiding lifestyle, working and now a productive member of society, why should the offence be thrown back into their face after a decade of time has past? It is bad enough that the old articles are all over cyber space till the end of time.
- New legislation needs to be implanted that after a period of 10 years the offence being reported on has past, in which no form of media shall report the name of the offender after that period of time has past.
- Databases for online sex offenders, rapist and sexually related crimes should be controlled and legislated. The number of these sites that are allowed should be limited as well, and require a license or some type of operating laws, governed and enforced. Not everyone who knows how to put up a website should be allowed to create such a site. There have been people who were charged and later found not guilty who have been placed on these sites, or simply because someone claimed a person to be a sex offender. The law needs to protect the innocent, and most look in a very negative way at sex offenders in society today, try to image being on a site like that and you never committed the crime. Even for the ones that are found guilty and have been convicted should not be there after a period of 7 years after their full sentence is complete, with no offences or new charges.
- All media, especially online blogs and comment sections, should not be allowed to open the articles for comments until, and only after the person or persons is found guilty for the crime (in cases were someone is charged with an offence and this is what they are reporting on). It is the job of the media to report news, soliciting comments about alleged charges or pending charges is doing nothing more then creating un-factual information, unsubstantiated claims, or half truths, and in some cases promotes vigilantism. Quite often evidence can be held back until after the trial for various reasons. In many cases the media is only giving so much of the truth upfront.
If the government is not going to put safeguards in place then it is much like saying that they really don't care, and who knows that just may be true. It is obvious to me and many others that the media and employers cannot implement these changes on their own, and in fact it is just the opposite and they cannot seem to stop themselves from doing these things. Society and government just seem to think it is ok to hunt down an ex-offender for the rest of his/her life for one act regardless of change, pardons, or long periods of time in which they have been living a law-abiding lifestyle. I have created many websites beside this one, and if I wanted to I could create a website about anyone's personal life as long as it is the truth. We like to think in this society we have a right to privacy, however that is simply untrue, and I am not just refereeing to an ex-con I am referring to anyone. Many would say, they have nothing to hide however, I beg to differ. Personal lives are personal for a reason and should not be the property of anyone who wants to post whatever they feel like on some webpage. We all have things in our lives that have happened and may not be a crime as such, but we would rather not have the whole world know about it.
Pardons should be Automatic
Pardons should be automatic, provided the ex-offender is and has been crime free for 5 years after the completion of the sentence. Pardons really are nothing more then a conditional pass on an employment background check. The only thing it servers not to grant a pardon to ex-offender is the ability to get a normal job or employment, or education in some cases. The NPB (National Parole Board) should have no real choice in the decision of who can obtain them. It should be simple and clear, no crime for a period of time, non-criminal activity verified by the local police for a period of time, equals an automatic pardon. Pardons can be revoked very easily so there is no real reason to keep the process as it remains at present. Convicted felons serving life sentences should also be able to apply for protection for work related purposes after 5 years on full parole, in other words they would receive a clean record check for employment purposes only. This could be regulated by their parole officer and NPB. This is not rocket science, and an ex-offender can lose the pardon for almost any type of re-offending or even if under serious suspicion of a crime.
Conclusion
I know some may find this difficult to understand, however convicts, ex-cons, ex-offenders are human beings. Many of these people have families, children and normal living expenses just like the rest of us. Just like you and any other person in society they cannot meet their normal life commitments on a minimum wage salary, and low-income jobs. Yet this is often all they can get because no will give them a chance because of their record. Most of us like to feel fulfilled and want a position or employment that we enjoy and helps us to feel we are making a difference. Why then are ex-cons who have proven themselves forced to suffer a fate of dead end jobs and low income, and no chance of advancement? There must come a point in all peoples lives were they can, after a reasonable period of time, have the same choices as everyone else, with out prejudice. Where they are allowed to support themselves and their families. Other wise we are no longer a solution to the problem we are only helping the problem exist.
We also need to keep in mind that once an ex-offender is granted a pardon over 97% of them never re-offends. Any ex-con knows once they are granted a pardon they never want to lose it, as it is as close as they will come to having a normal life again. It is amazing what it does for a person's attitude and outlook on life when you can actual obtain a real job and take care of yourself and your family. I been out for over 10 years and I can tell you I would never want to go back to prison and will never do anything to cause it, but a pardon would be something I would never want to lose once I got it.
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