The Safe Streets and Communities Act, also known as Bill C14, was tabled by federal justice minister Rob Nicholson on Sept. 20, is worrisome in many respects, according to local critics.
The omnibus crime bill is composed of nine different Conservative-backed bills that didn't pass under the minority government previously.
Some of the aspects of the bill focusing on pardons are still problematic, according to Ainsley Muller, a Burnaby resident and director of business management for Express Pardons.
Muller, who was involved in the company's 1 in 7 awareness campaign regarding criminal records last summer, said the company is still concerned about the bill's affect on its clients.
"It is basically exactly what we expected," he said in a phone interview Monday.
Of particular concern to Muller is the proposed extension of ineligibility periods for pardon applications - from three to five years for summary conviction offences, and from five to 10 years for indictable offences - and making some people ineligible for a record suspension, he said.
"It's the three-strikes, you're out rule," Muller said of the ineligibility portion of the bill.
"These amendments would ... make certain people ineligible to apply for a record suspension, including those convicted of a sexual offence in relation to a minor, or those convicted of more than three offences - each of which was prosecuted by indictment or is a service offence that is subject to a maximum punishment of imprisonment for life, and for each of which the person was sentenced to imprisonment for two years or more," the government backgrounder on the bill stated.
"It seems a bit of a stretch that the Conservatives pursuing legislation that is a contradiction to all of the recommendations," Muller said.
Since the Criminal Records Act was enacted in the 1970's, 96 per cent of the 400,000 Canadians who have received pardons have not re-offended, according to a brief sent to the federal government by the Canadian Criminal Justice Association, in response to Bill-C23, which initially proposed the pardon amendments.
Between 10 and 15 per cent of Canadians have criminal records, the association added in a brief to the House of Common's standing committee on justice and human rights, but only about 11 per cent of those ever apply for a pardon.
"The issue here is, are they being tough on crime or are they being smart on crime?" Muller said.
He added that the current structure works, and shouldn't be adjusted.
"You're removing incentive to not re-offend," he said, adding it could have the opposite effect to the intention of the bill, which is curbing crime in Canada.
Simon Fraser University criminologist Robert Gordon is also concerned about the bill, but primarily because of its large scope, he said.
"It's a huge and complicated piece of legislation," Gordon said in a phone interview Monday.
The main concern is increasing mandatory sentences for a range of offences, he said.
"That, of course, has a price tag attached to it," he said, adding that the government has not yet provided a detailed budget plan for implementing the act.
"It's primarily an ideological document," Robert said, adding the government hadn't taken expert recommendations for amending the proposed legislation.
But he said there are certainly positive aspects of the bill, such as those increasing minimum penalties for crimes that victimize children, including luring a child through the use of a computer.
The nine parts of the proposed amendments bill focus on sexual offences against children, serious drug offences, repeat young offenders, ending house arrests, increasing offender accountability, pardons for serious crimes, international transfers of Canadian offenders back to Canada, support for victims of terrorism, and preventing human trafficking.
The bill passed first reading on Sept. 20, and second reading on Wednesday. It has been referred to the Standing Committee on Justice and Human Rights in the House of Commons.
