Bill to block Karla Homolka from criminal pardon in final stages

OTTAWA – A bill changing the rules surrounding criminal pardons, which would block notorious criminal Karla Homolka from applying for one this summer, encountered little opposition during a Senate committee Tuesday, and is expected to pass through its final stage.

Legislation to change the pardon system was originally introduced in May but was fast-tracked through Parliament last week after the government and opposition parties joined forces to pass the bill when it was learned that Homolka, who was convicted of manslaughter, is eligible for a pardon on July 5.

The bill does not rule out pardons for those convicted of manslaughter or other serious crimes but it widens the discretion of the National Parole Board to consider rejecting applications that would bring "the administration of justice into disrepute."

Those who are serving life sentences or indeterminate sentences are not eligible for pardons.

Instead of considering good conduct as the marker of whether a pardon should be granted, board officials testified that they would also be required to look at other factors surrounding the crime, such as the nature, gravity, duration and circumstance, as well as the history of the offender.

It also increases the waiting period in applying for pardons for indictable offences to 10 years from the current five.

Public Safety Minister Vic Toews, who appeared before the committee on Tuesday, said the parole board essentially "rubber stamps" all pardon applications, referring to a figure that around 98 per cent of pardons applications are granted.

Toews said the bill restores balance to the justice system and ensures citizen and public safety is taken into account.

"What this act does is recognize there is an impact on the victim that the old act doesn’t," said Toews.

He denied the bill was written for "one person," although previous statements from politicians such as NDP Leader Jack Layton have made it clear that Homolka is the reason for the new bill.

It was five years ago that Homolka, 40, completed her 12-year sentence for her role in the sex slaying of Ontario school girls Kristin French and Leslie Mahaffy. Under the new rules she could not apply for a pardon for another five years, although it is unlikely she would receive one due to the other changes.

The re-vamped legislation, Bill C-23A, leaves out several clauses in the original bill but Toews has said he plans to re-introduce those measures in the fall.

The original bill was introduced following revelations that sex offender Graham James, a former hockey coach, received a pardon three years ago. However, the new bill abandons a provision set out in the original version that outlaws pardons for sex crimes.

Liberal Senator George Baker said that although he had some concerns about the bill, the committee was essentially arguing "minutiae."

Senator John D. Wallace, a Conservative, said the Senate recognizes "the strong support this (bill) has in the House of Commons.

"I would be optimistic that it will be adopted in short order." He added that it is possible the Senate could pass the bill by the end of the week.

The committee also heard from those who oppose the bill. Kim Pate, executive director of the Canadian Association of Elizabeth Fry Societies who works with women inmates and former offenders, argued that many people face challenges in reintegrating into society due to their criminal records.

She said the pardon system is "stringent already" and that more money should be put into social programs and victims’ groups.

According to National Parole Board officials, approximately 8,000 pardons were issued last year for less-serious summary offences, while 16,000 were granted for indictable offences, although most were for drinking and driving, assault, theft and drugs.