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Page 6 September 12, 2016 • Law timeS www.lawtimesnews.com Seven years later, it appears ideas around gen- etic discrimination are still hitting the main- stream, as well as potential (or negligible) impli- cations on Canadians' privacy rights. Lawyers everywhere would do well to watch what happens legislation-wise, and ask critical questions about how this type of discrimination may manifest. Legal safeguards are well and good, but critical discussion around the bill's implications are most necessary, too. LT The return of the pardon? B ack when Stephen Harper was in power, he decided one day to make pardons harder to obtain for prisoners who had finished serving their jail sentences. The idea was that Canadian voters would be impressed that Harper and his Conservatives were going to be harder on criminals as they had promised be- fore the election. But, recently, some of our expert crim- inal lawyers are saying that it's time for the Liberal government to change the law back again to what it was before Harper came to power, especially now that crime rates are decreasing in Canada. Previously, convicts serving time for a summary offence would have to wait three years for a pardon after serving their jail term. Harper increased the wait time to five years instead of three years for prisoners on 'summary' offences. Criminals who have finished a jail term for an 'indictable' offence now have to wait a full 10 years instead of only five years after serving their sentence before they can apply for a pardon. Harper even changed the terminol- ogy. What used to be called a "pardon" is merely a "criminal record suspension." That means somebody coming out of jail after serving time who tries to get a job might be asked by the employer: "I un- derstand you served a jail term for a crime you committed. Have you been pardoned?" The ex-con can answer: "No, I wasn't pardoned. I still have a 'suspended criminal record.'" If it doesn't sound nearly as clean, that's too bad. It's what Harper wanted. The prospective employer might then ask: "When will you get a pardon?" The ex-con can explain: "Never. That's because there are no more pardons." The Conservatives went a step fur- ther, making it more difficult for ex-cons trying to wipe the record clean. Ex-cons don't get an automatic "crimi- nal record suspension" after serving their full sentence. They merely get a "right to seek" a "criminal record suspension." And good luck getting it. So why did Harper do away with "pardons"? As noted Ottawa criminal lawyer Norman Boxall snaps: "The Conser- vatives wanted to show their mean- spiritedness." It might be argued they did succeed at that. So, now, former convicts have to live with "suspended criminal records" for all of their lives instead of being able to say they have been pardoned and no longer have a criminal record. Instead, they live with a "criminal record suspension" for the rest of their lives. It can cost them a job or even entry into another country. In the end, society ends up paying the price for every job- less former convict who can't nail down a full-time job. Sometimes, as we know, joblessness leads to criminal recidivism. Noted Ottawa defence lawyer Law- rence Greenspon says the whole system of "suspended criminal records" has to be revisited. With a new government in power, now is the time to get back to par- dons, he adds. Defence lawyer Boxall agrees. It's time to review the business of "suspend- ed criminal records," he says. But so far neither Prime Minister Jus- tin Trudeau nor Justice Minister Jody Wilson-Raybould has indicated they are planning such a review. But should they choose to do so, they could go for it this fall, during the winter or next spring. In any case, it would be politically wise to make the move at least before the next general election because there is no indication the Conservatives have changed their minds on the issue of pardons. The problem remains for former pris- oners who are without a pardon trying to find a decent job. It places an enduring burden on their families and sometimes even opening the door to recidivism. Neither Trudeau nor Wilson-Raybould have talked publicly about restoring par- dons for prisoners who have served their time. They could choose to make the issue public as early as this fall or during the winter or possibly even next spring, but whatever, it should be before the next election. With Harper gone and his Conserva- tives under new beneficial management, pardons could be restored sooner than expected. LT uRichard Cleroux is a freelance reporter and columnist on Parlia- ment Hill. 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Witness the ongoing media coverage Prime Minister Justin Tru- deau has experienced that one can only liken to a 10-month honey- moon that shows no sign of stopping. Which is why a law espousing to stop genetic discrimination sounds like an unqualified success. Who likes discrimination? Nobody. And with the rapidly changing scientific landscape, what's not to like about a law that would punish those who try to force others to undergo a genetic test as part of a contract or settlement? The bill spells out stiff consequences — potentially causing those convicted to pay an up-to-$1-million fine or serve five years in prison. For Canadian laypersons unfamiliar with the term genetic discrimination, it all sounds very science fiction-friendly. The debate is, then, how prevalent a spectre genetic discrimination currently is. According to one study on genetic discrimination in Canada, related to those who might develop Huntington's disease, research indicated "that discrimination is most often reported in insurance, family and social settings." "In the study, 40 per cent of respondents to a national survey of individuals at risk of developing Huntington's disease — individuals with no symptoms — reported having experienced discrimination," said a UBC news release from 2009, on the study. The Hill Richard Cleroux

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