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Making a Decision on a Record Suspension Application
When making a decision in relation to an application for a record suspension, the Parole Board of Canada reviews the application. In addition it also considers the criteria of “good conduct” as defined in law and Board policy.
Under the Criminal Records Act good conduct is defined as behavior that is consistent with and demonstrates a law-abiding lifestyle. In its assessment of good conduct, the Board is not subject to the same standards as a criminal court. The presumption of innocence and the relating rights are not applicable in the context of a pardon or a record suspension application.
“The Board’s discretion to order or refuse to grant a pardon or order a record suspension is dealt with pursuant to the Criminal Records Act. As held in Conille vs. Canada (Attorney General) (Federal Court, Trial Division, May 16 2003), The presumption of innocence has no application in the context of an application for a pardon (or record suspension) (Edward Murray, Board Member, Communication dated 08-22-2013).”
Investigation Process by the Parole Board
The Parole Board is basing their investigation on information received from local police detachments, as well making independent inquiries with the criminal justice system agencies. They may obtain documents or police reports from across the country. These may be things as simple as a speeding ticket or warning given by the police for intoxication. Any interaction you have with the police is recorded and any negative police involvement may be used against you. The Parole Board has discretion in these matters, to consider anything they deem relevant, and are not bound to consider you innocent; even if you have not been convicted and found guilty of an offence, it can still be used against you.
I Want to Apply for a Record Suspension and I Have Had Recent Involvement with the Police
You can still apply for a record suspension even if you have police involvement. Your application will be compiled as normal. During the review process, if the Parole Board is notified of negative police interaction they will propose to deny your record suspension.
A proposal to deny does not mean your record suspension has been denied. You still have the possibility of obtaining a record suspension, but you must make further representations to prove your good conduct.
Response to the Parole Board’s Proposed Denial
Example of Proposal to Deny
Police records indicate that, since your last conviction in April 2005, you continue to require the intervention of the police. Since your last conviction, you were charged, in December 2012, with driving under the influence. While the charges were dropped in this case.
In your response clearly explain WHAT happened, WHERE, WHEN, HOW and WHY. The Parole Board is looking for remorse and you taking full responsibility for your actions. You must address the reason for the proposal to deny. In addition, information may be provided to establish good conduct which is defined as behaviour consistent with and demonstrates a law-abiding lifestyle. You may attach any supporting documents which support your case.
If the charge(s) or incident(s) relate to convictions on the record for which the pardon or the record suspension is requested the Parole Board will look for ways that you’re trying to change your behaviour. For example, certificates for completing treatment programs, school diplomas, anger-management programs etc. Reference letters from employers, associates, friends, and family can also be helpful. A reference will speak further about your good character and the changes you have made in your life.
Supporting documentation regarding the police incident may also be helpful. For example, if another individual was involved in the police interaction(s) and can attest to your innocence you may want to include a statement from them.
Response Example
On December 20, 2012 I was charged with driving under the influence. It was the night of our work Christmas Party and many of my colleagues had been drinking. I had not been drinking that evening as I have not had a drink in over 6 years.
I offered my colleagues a ride home. On the way home we were stopped at a roadside check. I was asked to take a breathalyzer, however it malfunctioned at the time. The officer believed I had been drinking because I smelled of booze.
I admit that I did smell of alcohol that evening because I was driving home individuals who had been drinking heavily. The officer charged me at the time because the breathalyzer was not working.
When it was discovered the breathalyzer had malfunctioned the charges were dropped. I have attached letters from two of my colleagues that I drove home that night and can attest to the fact that I had not been drinking.
My previous convictions were committed while under the influence of alcohol. I am truly sorry for the past offences I committed. Since that time I have worked hard to become clean and sober and I regularly attended AA. This past summer I was married to my wonderful wife and we are expecting our first child in May. My wife written a letter to confirm to my good character.
I would greatly appreciate the opportunities that a record suspension could offer me. I hope to be able to volunteer in my community and to be bondable, which would further my employment. I hope the Board will grant me the record suspension to allow me a fresh start and open the door for a better future for myself and my family.
