Do you have a criminal record? What can we do to rehabilitate a criminal history?
In any society organized and structured, it there are standards and rules that govern the relationship between authorities and citizens. When any problem arises between members of a community, it is for justice to settle disputes in order to maintain social balance. The judicial system is in place to deal with antisocial behavior of individuals who transgress the established order. As part of this column, there are plans to address the issue of criminal record or criminal record but without using complicated legal jargon to facilitate the understanding of readers of this blog. This text has an educational and not intended to substitute for services of a qualified professional who has extensive knowledge of the material. In many
out, in a democracy, fundamental rights of citizens are respected and all people are equal before the law. They receive the same treatment before the courts. Which is to say that justice is for everyone. In some countries, however, justice is offered to the highest bidders and taxpayers' rights are constantly violated and despised by the authorities. Innocent people languish in prisons and the criminals are free. What can we say the system Canadian legal?
In Canada, all individuals can assert their rights in court. The Charter is a legal constitutional safeguards the rights to life, health, protection of privacy, security and civil liberties of all individuals. It is not permissible for any governmental authority to infringe the basic rights enshrined in the Canadian constitution. Any person injured in his rights, may file a complaint, file a lawsuit against the state, appear as a witness in court to defend themselves and respond to an action to justice in civil or criminal. We do not claim to be a law course, but we try to provide some information to enable members of the Haitian community to better understand the legal system of the host society.
It is important to note that a criminal trial creates enormous costs for the Canadian legal system. In terms of criminal offense, almost 90% of cases fail at trial. It is the Crown attorney who takes legal action against individuals violating or infringing the laws and regulations. In 2001, the statistics show that 2,600,994 men and 681,199 women had a criminal record. About 15% of Canadian adults has a criminal record, with 24% of the adult male population and 6% of the adult female population [1]. In immigrant communities, statistical data on criminal records are disastrous and catastrophic. The percentage rate of people with criminal records is very revealing in the black population. Thus, it becomes necessary to consider the criminal record and its consequences as a challenge that we must intervene to try to educate and sensitize the community Haiti.
What is meant by criminal record? This is the complete list of convictions against a person by the court for a violation of federal law (as the Criminal Code) or its regulations on drugs. To be more precise, it is a file containing the list of criminal convictions, supported by the fingerprints of a person [2]. The register containing these files is administered by the Royal Canadian Mounted Police (RCMP) in which it maintains information on persons found guilty of one (or) criminal offenses violation of laws such as the Criminal Code and the Controlled Drugs and Substances Act. Offences under provincial penal laws (Code of highway safety) does not give rise to a criminal record. It is worth noting that only adults can have a criminal record. Young offenders who commit criminal offenses, have no criminal record unless their case is brought before the adult court. Which is to say, if a person was under eighteen at the time of the offense, his criminal record will become inaccessible after some time (unless it was a serious breach Example: murder, aggravated assault, aggravated sexual assault).
What is purpose of a criminal record? Whenever a person is convicted of a criminal offense, it shall be a criminal record to his name. The aim of the latter is to keep track of the offense or the conviction to be used to justify a harsher sentence if new offenses. In reality, the criminal harmful consequences that may impair the development of a person. In general, when imposing a sentence, a person which already has a criminal record sound will be treated more severely than someone who has not been a prior conviction. The record is the tool that lets you know who has a criminal record and who does not. It can prevent you from a job related to security, finance, be elected mayor or deputy; become a lawyer, judge, policeman, etc.. Criminal record may prevent you from being a member of a professional order, to obtain licenses or permits, you cause trouble for travel to certain countries, eg the United States.
past, the criminal records of a person found guilty marked his record throughout his life. Now it is possible to obtain a pardon, often called Forgiveness. It is important to note that a criminal record for minor offenses, even after several years does not disappear automatically. The person who wants his locker be filed separately in the system of the Information Centre (CPIC) must apply for a pardon. However, it is useful to note that there are delays in the withdrawal or removal of criminal record. Exceptions, criminal records are normally retained until the offender reaches 80 years [4]. At this age, criminal record is deleted, provided the person has not committed a crime during the past decade. In criminal cases, there are two cases where the record is actually deleted in the medium term. It is indeed sentences of conditional discharge, unconditional (conditional). In the case of an offense where the guilty person gets a sentence of unconditional discharge, you must wait a period of 1 year from the date of sentencing to make the pardon. However, in the case of a sentence of conditional discharge, a period of 3 years must have elapsed after the date of sentencing. If you were guilty of a summary offense, forgiveness can be granted three years after serving the full sentence [5]. Whereas if you were convicted following a procedure of indictment for a crime, forgiveness can be granted 5 years after serving the full sentence.
It is appreciated that the contents of this key text, in one way or another, several members of the Haitian community here. Some families worry about the future of their young adolescents, taking a dangerous path that may lead to prison. What are the consequences of crime nebulae are often difficult to accept that some parents must cope with in the community. We can not ignore that some of our young people who refuse to go to school, being lured into drugs and committing acts of banditry which may jeopardize their future in this country. Given the apparent concern of parents experienced by the difficulties of their youth, it is urgent to seek to intervene to offer support or provide appropriate information to allay their sufferings. That's why it was deemed necessary to address this issue to educate people in the community about the realities of the Canadian penal system. That's how we try to contribute to the betterment of our environment, avoiding to address the issues that divide us deeply. Finally, he returned to Haiti to each professional expertise to the community so that together we manage to build a strong community and responsible for generating future.
___________________________ [1] Internet. [Http://www.casierjudiciaire.ca/html/casier.html] Excerpt from the website dealing with criminal records, accessed December 10, 2009.
[2] Internet. [Http://www.educaloi.qc.ca]. Educaloi, website accessed December 10, 2009.
[3] Internet. [Http://www.justice.gc.ca]. Ministry of Justice, website, accessed December 8, 2009.
[4] Ibid, website on criminal records, accessed December 10, 2009.
[5] Ibid, Website Educaloi, accessed December 10
Jean-Marie Mondesir
Lawyer Haitian
specialist in civil law
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