A couple of news items about an increase in clemency applications in Canada made me curious to learn more about how restoration of rights works in our Northern neighbor. Canada has long had a policy of virtually automatic sealing of criminal records through what is known as a “record suspension” (before 2012, called a “pardon”). The Criminal Records Act (CRA) makes record suspension available from the Parole Board of Canada for any offense except sex crimes involving children, and to any individual except those convicted of multiple serious crimes, after waiting periods of five years from completion of sentence for “summary” offenses and 10…
Read moreCategory: Pardon/clemency
Labels and stereotypes in the President’s immigration speech
The President’s decision to take unilateral executive action to insulate certain undocumented immigrants from the immediate threat of deportation has provoked outrage in some quarters and profound relief in others. The legal issues raised by this decision are important and debatable, some of its line-drawing is problematic, and its success stands or falls on the uncertain terrain of bureaucratic discretion. No doubt its political implications are yet to be revealed. But amid all the uncertainty, one thing is clear. In his speech announcing the initiative the President said, repeatedly and definitively, that no one with a criminal record would benefit…
Read moreGubernatorial candidate brings clemency issues to forefront of Maryland race
Larry Hogan, Republican candidate in the Maryland gubernatorial race, criticized current governor Martin O’Malley’s sparing use of executive clemency and pardon power. As reported in the Washington Post: Republican Larry Hogan says a governor’s authority to commute sentences and pardon prisoners is an important power that he would rejuvenate if he is elected governor. Hogan spoke in an interview with reporters of The Associated Press on Monday. Hogan says he believes Gov. Martin O’Malley’s administration hasn’t made pardons and commutations a priority of his tenure. Hogan says while he considers himself to be a tough law and order candidate, there…
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