Record suspension pamphlets at the Parole Board of Canada headquarters in Ottawa. [Photo © Miriam Katawazi]

By Miriam Katawazi

A fter working at a warehouse company for two years, Tim Panabaker was told that he could not be hired full time because of his criminal record, even though the charges on his record are more than 20 years old.

“It was in 1989 and 1993, one was for an impaired charge and one was for an assault outside of a bar when I was young,” said Panabaker.

Panabaker got the job at the warehouse through a temporary employment agency. The agency did not require him to get a criminal record check.

While working at the company for two years, a manager offered him a full-time position. As part of the offer, Panabaker would be hired directly through the company and would be given benefits. Panabaker’s criminal record was the only obstacle that held him back from this advance.

His employer wanted to keep him and even tried to convince the company’s management to allow Panabaker to be hired. But the policy was set in stone: if a person has a criminal record, no matter what it is, they cannot be hired directly through the company without a pardon.

For a while Panabaker continued to work through the temporary employment agency without any benefits, raises or chances of advancing.

In order to be hired full time, Panabaker considered applying for a pardon. But when he learned of the costly application fee and the long wait times, he gave up on the idea.

The Parole Board of Canada stated that pardons are processed in up to six months for summary offences and up to 12 months for an indictable offence.

“I couldn’t wait that long for a pardon, I had a family and I needed to get benefits, I needed to find something else, so I left,” he said.

Panabaker’s story is not unique in Canada. According to the John Howard Society more than three million Canadians have criminal records.

People with criminal records face many barriers when trying to find employment and the recent changes made to the pardon system have made it harder for people to receive a pardon.

In 2010, the federal government introduced Bill C-23, the Eliminating Pardons for Serious Crimes Act. Over time, the bill was broken down into two parts, Bill C-23A, which was quickly passed, and Bill C-23B. The latter became law with the passing of the omnibus crime bill, Bill C-10 in 2012. The changes have toughened the requirements, lengthened waiting times and increased fees. They also changed the name of a pardon to a “record suspension.”

A criminal record makes it difficult for people to find employment because of the stigma associated with their records, said Samantha McAleese, a PhD student in Sociology at Carleton University. Often, receiving a pardon, or what is now called a record suspension, is the only way a person with a criminal record could be hired or promoted. A record suspension does not erase a person’s criminal record but makes it easier for them to get a job, travel and reintegrate. Because of the changes made to the pardon system many applicants feel discouraged.

According to the Parole Board, since 1970, more than 460,000 Canadians have received pardons and record suspensions. The board stated that 96 per cent of these are still in force, which shows that the majority of pardon/record suspension recipients remain crime-free.

McAleese’s research is on reintegration and the changes made to the pardon system. She said these changes drove her back to university because she felt that someone in Canada needed to research the issue and the new barriers that make it harder to get a pardon.

The changes extended the wait times before someone can apply for a record suspension after completing their sentence. Lesser offenders have to wait five years instead of three years and those who have completed a sentence for an indictable offence have to wait 10 years instead of five.

The most striking change, McAleese said, is to the cost of processing a record suspension application. In 1994, the fee was $50 but it increased to $150 in 2010. Currently, the fee is at $631, which is based on a cost-recovery, or the cost of processing a record suspension application.

“Most clients were unable to meet the costs because they were applying for the record suspension in order to find employment. Every week there would be at least one person who could not afford the fee,” – Samantha McAleese.

The changes to the system had led to a backlog of more than 20,000 applications at the Parole Board of Canada. The board stated that almost 64 per cent of those have been cleared. In November 2014, the Canadian Press reported that there are still more than 10,000 applications remaining.

McAleese said the fee change was a factor that caused the backlog. There are service standards attached to the new record suspensions. The board had to process the new record suspension files that people paid more money for and so the pardon files remained in the backlog.

The Parole Board said on its website that only summary offences in the backlog are currently being processed. So according to McAleese, about 7,000 indictable files are in limbo. The board’s website noted, “Applications for indictable offences will be processed following the completion of applications for summary offences in the backlog, as resources permit.”

McAleese said that many of those stuck in this limbo received letters a couple of months ago from the Parole Board, saying their applications would be processed at a later date. Many of these people have been waiting upwards of four years to hear a decision on their application.

“A couple of people that I have heard from since they received the letters have said things like, ‘I need this to move on, I have done what I needed to do and I have been waiting almost four years now, but there is no indication of when they will be through the backlog,’” she said.

On March 16, the Canadian Press reported that the Parole Board of Canada said it can no longer dedicate its resources to clearing the backlog of old pardon applications. It said the applications would be processed as time and money permit.

When the changes to the pardon system were first implemented, McAleese worked with a support organization for people with criminal records. While working in the employment and education departments, she aided people who were applying for record suspensions. She said she remembers how suddenly the new changes made everything very prohibitive for people. They were very worried about what the changes would mean for them, she said.

Most clients were unable to meet the costs because they were applying for the record suspension in order to find employment. Every week there would be at least one person who could not afford the fee, she explained.

One week, a person came and said he had been offered a job but on the condition that he receives a record suspension, McAleese said. He had the skills and was a good worker but the employer said that he could not be hired unless he was pardoned.

A 2014 report by the Canadian Civil Liberties Association found that across all police services, the median yearly increase in police record checks was 7 per cent. Increased use was seen across all sectors – public, private, for-profit and not-for-profit.

People are just hoping to move on with their lives, McAleese said, but the barriers in place and the stigma associated with their records are stopping them from doing that.

Panabaker said he got lucky because currently he has a job in food production, which also provides him with benefits. He said he remains concerned for others who may face the same struggles he did when looking for employment. He explained that when searching for jobs, many people with records who find a job they feel is great for them will look at the application and as soon as it says, ‘criminal record check required’ most won’t even bother to apply.