Alan Eagleson officially pardoned, with a twist...

pappyline

Registered User
Jul 3, 2005
4,587
182
Mass/formerly Ont
Nope, not in the hands of politicians. Pardons in Canada unlike the US are not political.

Meet the stautory requirements under the Criminal Records Act and you get a pardon from the National Parole Board (an independent quasi-judicial tribunal) - no executive discretion by a President or a Governor whether or not to grant a pardon.
Who is on the National Parole Board & how do they get appointed? Do they publically provide reasons for pardoning somebody like this slimey character who shows no remorse for his crimes?
 

Wetcoaster

Guest
Who is on the National Parole Board & how do they get appointed? Do they publically provide reasons for pardoning somebody like this slimey character who shows no remorse for his crimes?
A list of members may be found at:
http://www.npb-cnlc.gc.ca/org/bmlist_e.htm

Openings for positions on the various regional parole boards are advertised in the Canada Gazette and applications are submitted.

Selection criteria:
http://www.npb-cnlc.gc.ca/org/bmselcr_e.htm

The Solicitor General appoints the members to the NPB from interested applicants but has no operational control over its decisions:
The Board is also responsible for making decisions to grant, deny and revoke pardons under the Criminal Records Act and the Criminal Code of Canada. A pardon is a formal attempt to remove the stigma of a criminal record for people who, having been convicted of an offence, have satisfied the sentence and remained crime free. The Board also makes recommendations for the exercise of clemency through the Royal Prerogative of Mercy.

The National Parole Board is headed by a Chairperson who reports to Parliament, through Public Safety Canada. The Minister, however, does not have statutory authority to give direction to the Chairperson or other members of the NPB in the exercise of their decision-making powers....

The decision to grant a pardon is covered by the provisions of the federal Privacy Act. Thus there is no public record available of the application or the decision unlike a court conviction or parole decision.

There is no requirement that a person applying for a pardon show any remorse - this is not a parole hearing.

The applicant for a pardon has fully served his time and if he has completed the required statutory statutory time limit without further encounters with the courts (referred to as a "conviction- free period") then a pardon is pretty much automatic.

IIRC Eagleson was convicted under the summary conviction procedures and as such there is absolutely no discretion in the Parole Board to refuse a pardon if he meets the statutory requirements. Parliament made that clear when they enacted the legislation:
Summary conviction offences

(2) A pardon for an offence punishable on summary conviction or a service offence referred to in subparagraph 4(b)(ii) shall be issued if the offender has not been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament during the period of three years referred to in paragraph 4(b).

Once the Board is satisfied an applicant meets the statutory criteria, then the pardon is granted.
 
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Free Edler

Enjoy retirement, boys.
Feb 27, 2002
25,385
42
Surrey, BC
Why? He applied as is his right to do - same as any other convicted person who satisfies the statutory requirements set out n the applicable law.

It's disgusting because Eagleson is a no-good sack of **** who cheated a lot of people out of a lot of money. He deserved to spend the rest of his life in prison for what he did to Bobby Orr alone.
 

Wetcoaster

Guest
It's disgusting because Eagleson is a no-good sack of **** who cheated a lot of people out of a lot of money. He deserved to spend the rest of his life in prison for what he did to Bobby Orr alone.
Lord knows I am no defender of Alan Eagleson. In my view he is scum and a low life.

But what does that have to do with a pardon?

He did the time to which he was sentenced and fulfilled the statutory time period and was granted the pardon that Parliament has decreed is available to all in such circumstances. There is no moral component.

Two totally separate issues.
 

pappyline

Registered User
Jul 3, 2005
4,587
182
Mass/formerly Ont
Lord knows I am no defender of Alan Eagleson. In my view he is scum and a low life.

But what does that have to do with a pardon?

He did the time to which he was sentenced and fulfilled the statutory time period and was granted the pardon that Parliament has decreed is available to all in such circumstances. There is no moral component.

Two totally separate issues.
The law is the law & Canadian law is pretty soft. Who says crime doesn't pay? Eagleson got off lightly & then gets automatically pardoned. It won't improve his public image but I don't suppose he cares.
 

Wetcoaster

Guest
The law is the law & Canadian law is pretty soft. Who says crime doesn't pay? Eagleson got off lightly & then gets automatically pardoned. It won't improve his public image but I don't suppose he cares.
What image???? He remains convicted of serious offences and the pardon does not change that fact.

Too bad the FBI did not go after the NHL owners who colluded with Eagleson as well rather than offering them a free pass. The FBI Agent-in-Charge was not too happy about that.
 

Hawker14

Registered User
Oct 27, 2004
3,084
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The NHLPA recently backstabbed the anti-Eagleson, Bob Goodenow, for doing what he believed to be in their best interests,

Excuse me if I don't shed a tear for former NHLPA members whining about Eagleson. The players only look out for themselves, so why should Eagleson be further condemned for doing the same.

He's served his debt to society. What's the big deal ?
 
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TheFinalWord

Registered User
Apr 25, 2005
2,182
807
The law is the law & Canadian law is pretty soft. Who says crime doesn't pay? Eagleson got off lightly & then gets automatically pardoned. It won't improve his public image but I don't suppose he cares.

It's all well and good to put down the Canadian legal system, but it was the US prosecutors who went along with the deal. That would make them no tougher on Eagleson than Canada.
 

Free Edler

Enjoy retirement, boys.
Feb 27, 2002
25,385
42
Surrey, BC
Lord knows I am no defender of Alan Eagleson. In my view he is scum and a low life.

But what does that have to do with a pardon?

He did the time to which he was sentenced and fulfilled the statutory time period and was granted the pardon that Parliament has decreed is available to all in such circumstances. There is no moral component.

Two totally separate issues.

Honestly, I think pardons should become political in this country, because no politician on either side of the spectrum would be caught dead pardoning Eagleson, but because it's some faceless bureaucracy within the government, it's okay. I think in this case, the morality transcends the actual legal bits.

What Eagleson did to people was and is appalling. No one should be pardoned for that, whether he served his time or not.

Correct me if I am wrong, but can the recently released "Balcony Rapist" apply for a pardon now that he has done his time?
 

Free Edler

Enjoy retirement, boys.
Feb 27, 2002
25,385
42
Surrey, BC
What image???? He remains convicted of serious offences and the pardon does not change that fact.

Too bad the FBI did not go after the NHL owners who colluded with Eagleson as well rather than offering them a free pass. The FBI Agent-in-Charge was not too happy about that.

It's a real shame - because there's a chance we could have seen a competitive team in Chicago over the last 30 years with Bill Wirtz safety tucked out of memory, as the Hawks were one of Eagleson's favourite teams to deal with.
 

shakes

Pep City
Aug 20, 2003
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Visit site
Honestly, I think pardons should become political in this country, because no politician on either side of the spectrum would be caught dead pardoning Eagleson, but because it's some faceless bureaucracy within the government, it's okay. I think in this case, the morality transcends the actual legal bits.

What Eagleson did to people was and is appalling. No one should be pardoned for that, whether he served his time or not.

Correct me if I am wrong, but can the recently released "Balcony Rapist" apply for a pardon now that he has done his time?

If they become political, then you would have people who actually deserve a pardon having to jump through hoops to get one. That's the point.. He's done his time. Like it or not, we can't keep people in prision for the rest of their life or continue punishing them. But if the balcony rapist was recently released, then no. He has to wait the designated time charge free to be able to get the pardon, which I believe is 5 years from the end of his sentence and includes probation. I haven't worked in the system for years so I may be wrong and when I did it was with YO's, but I believe its the same criteria.
 

Northern Dancer

The future ain't what it used to be.
Mar 2, 2002
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A list of members may be found at:
http://www.npb-cnlc.gc.ca/org/bmlist_e.htm

Openings for positions on the various regional parole boards are advertised in the Canada Gazette and applications are submitted.

Selection criteria:
http://www.npb-cnlc.gc.ca/org/bmselcr_e.htm

The Solicitor General appoints the members to the NPB from interested applicants but has no operational control over its decisions:


The decision to grant a pardon is covered by the provisions of the federal Privacy Act. Thus there is no public record available of the application or the decision unlike a court conviction or parole decision.

There is no requirement that a person applying for a pardon show any remorse - this is not a parole hearing.

The applicant for a pardon has fully served his time and if he has completed the required statutory statutory time limit without further encounters with the courts (referred to as a "conviction- free period") then a pardon is pretty much automatic.

If I recall correctly Eagleson was convicted under the summary conviction procedures and as such there is absolutely no discretion in the Parole Board to refuse a pardon if he meets the statutory requirements. Parliament made that clear when they enacted the legislation:


Once the Board is satisfied an applicant meets the statutory criteria, then the pardon is granted.

Yikes, so Karla Homolka can get a pardon ???
 

Wetcoaster

Guest
Honestly, I think pardons should become political in this country, because no politician on either side of the spectrum would be caught dead pardoning Eagleson, but because it's some faceless bureaucracy within the government, it's okay. I think in this case, the morality transcends the actual legal bits.

What Eagleson did to people was and is appalling. No one should be pardoned for that, whether he served his time or not.

Correct me if I am wrong, but can the recently released "Balcony Rapist" apply for a pardon now that he has done his time?
The last thing you would want is for pardons to be "political". Change the rules if you want to make them more a matter of discretion but leave them in the hands an independant quasi-judicial tribunal.

As far as the "Balcony Rapist" IIRC he has not completed his sentence (he is under release terms and supervision while on parole) at this point in time so his statutory time period to be conviction free would be five years from date of termination of his full sentence (end of his parole) as he was convicted on indictment. Also the NPB has some discretion over the granting of parole to persons convicted on indictment.
 

alrusso

Registered User
Mar 26, 2007
101
0
If it wasn't for Alan Eagleson, Bobby Orr would have been part owner of the Bruins and never wore a Blackhawk Jersey. Back in 1975 Eagleson never showed Orr the last offer the Bruins forwarded because he had this relationship with the Blackhawks owner. What a shame!
 

Wetcoaster

Guest
I doubt she would ever get one. If there was ever a case of the pardon board being political, this would be the case.
point is you cannot deny a pardon for "political" reasons. "The Criminal Records Act " sets out the statutory requirements - meet them and get a pardon. Politicians are not part of the process.
 

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