OTTAWA - Proposed legislation will ensure pardons are granted only to those who earn them, says Public Safety Minister Vic Toews.
The government bill would also do away with the term pardon and substitute the phrase "record suspension," better reflecting the measure's purpose, he said Wednesday.
Toews told the Commons committee studying the bill that the new name is a more accurate description of a federal program that currently suggests the offender is being forgiven.
Forgiveness can come from a victim, the minister said, "but that's not the role of the government."
"It has been very difficult for victims to contemplate forgiveness when the harm or injury is still being suffered by that victim," Toews said.
The legislation would extend the waiting period to apply for a record suspension to five years from three for lesser offences, and to 10 years from five for more serious crimes.
It would also bar most people convicted of sexual offences against minors and those guilty of more than three serious offences from receiving a record suspension.
In addition, the Parole Board of Canada would be required to submit an annual statistical report on record suspensions to the minister -- a publicly available document intended to increase transparency.
A pardon does not erase a person's criminal record, but it means the information is kept in a separate file and doesn't show up on checks of the Canadian Police Information Centre. The key law-enforcement database, known as CPIC, is used by the RCMP and other police forces.
A pardon can make it easier for a convict to get a job or travel abroad, and the number of applications has surged in recent years.
Liberal public safety critic Mark Holland expressed concern the proposed tougher standards might prevent people who need a fresh start from getting that clean slate.
For example, a 21-year-old single mother who passes a bad cheque would have to wait until her mid-30s to receive a receive a record suspension, he said. That would "shut the door" on her efforts to return to society.
Toews told the public safety committee that the legislation strikes a fair balance on an issue that clearly "touches a nerve" with Canadians.
NDP public safety critic Don Davies rejected the bill's "arbitrary categories" for denying a record suspension, saying not all offenders are exactly the same. He argued discretion should rest with the parole board.
The minister said it is not in the public interest to grant a suspension to people guilty of multiple crimes or those who abuse children.
Pressed as to how the government arrived at the revised waiting periods of five and 10 years, Toews characterized the decision as a judgment call. "I don't have any empirical evidence before me that I can cite," he said.
The Canadian Press revealed last April that former hockey coach Graham James was pardoned in 2007 for sex crimes.
The news helped prompt the passage of initial changes, including increased waiting times for certain offences and more discretion to decide whether someone should receive a pardon.
James, 58, is in custody facing nine new sex-related charges involving three individuals.
Currently when a person convicted of serious sex offences receives a pardon, the criminal record is kept apart from others but the offender's name is flagged in the CPIC system.
Pardon requests received by the parole board rose to more than 36,000 in 2008-09 from an historical average of about 20,000 a year. Last year the board fielded 32,106 applications.
