View Full Version : pardon question


r007
06-13-2008, 02:48 AM
Hey there,

I'm a DUI guy. Got convicted half a year ago which resulted in fine and probation too. So, I've been doing some research and thinking recently. I pled guilty, mostly because of my lack of funds and legal knowledge; I couldn't afford a lawyer and I didn't feel confident enough to represent myself and plead innocence. So, now i've got a criminal record. But one thing I was thinking. The reason I was above the limit was because of my addiction to booze. I mean I am so used to them that for me to get drunk I need 3 times the amount that an average person needs. I've developed tolerance. So, the reason that I was over the limit and behind the wheel is because I was almost sure I was under the limit(otherwise I wouldn't be behind the wheel). So, I could argue that the reason I was convicted was the direct result of my addiction. Now, I beleive it is section 25 of Canadian human rights act that says that it is illegal to subject a person to any kind of discrimination because of their disability, and addiction to alchohol is recognized as a disability there. At the same time, there is a lot of discrimination allowed towards the peoples with criminal record. For example there is no restrictions on the ability of an employer to discriminate against such peoples. But, if I could prove that my criminal record happens to be the direct result of my addiction, then doesn't it look like any such discrimination that I might possibly encounter is discrimination against the disabled? Then we run into a contradiction here. Because any discrimination against the disabled(boozers included), is against the law. So, I was thinking, with all that in mind, is there any way for me to get an early(untimely) pardon? Cus, the minimum time for pardon is 3 years for a summary offence, right? Does anyone have any thoughts on that?

robbreid
06-23-2008, 08:45 PM
There is zero chance of any type or early pardon.

In fact, drinking and driving is one of the most serious offences as looked upon by the National Parole Board of Canada - the people who get to decide if they are going to pardon you or not.

I assure you if you were to attempt to 'argue' as stated above, you most certainly would not be given a pardon - period. The 3 years for a provincial sentence, starts at the full expirey of what ever sentence and probation you received.

It only gives you the right to 'apply' for a pardon, and in no way guarantee's a pardon will be granted at that time, or at all. If you can show you have attended any type of program, or some form of help, and not been in any conflict regarding alchohol, that will weigh in your favour.

Guys on DUI charges in prison, have a very dificult time getting to camp, because they are considered a very high risk.