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Presumption of innocence What's that?
The presumption of innocence is something we expect as Canadians. We believe that society should hold a person innocent unless proven guilty. Well, that principle does not apply to the Parole Board of Canada. This was determined by a recent court case, Cornille v. Attorney General of Canada. Basically, if the Parole Board of Canada has heard any rumours that you might have been in trouble since your conviction, it can reject your pardon application.
This is why you need our help. With our specialist team, we have successfully responded to hundreds of rejection letters. We know what the Parole Board of Canada is looking for in your application. Without the presumption of innocence, it is more difficult to prove that you should be granted a pardon if you have had any contact with the police recently.
Something as simple as a traffic ticket or a noise disturbance complaint could send your application into the rejection pile without our help. We know how to respond to the Parole Board of Canada. It’s what we’ve been doing for nearly 25 years. Don’t leave your application to chance. The Parole Board of Canada considers the Criminal Record Act of Canada in deciding who will get a pardon and who won’t. One of the most important criteria is the ability to meet the “Good Conduct” requirement.
The notion of Good Conduct is not clearly defined in the Criminal Records Act of Canada. Rather, it involves a question of assessment of the facts through the Parole Board of Canada’s expertise. In the Conille case, the Court asserted that:
“The notion of good conduct in the context of an application for a pardon under the Act should be envisaged not simply from the standpoint of morale, but rather comprehensively. To interpret otherwise this notion of good conduct in the context of an application for pardon would be simplistic and would not reflect either the Board’s duty to be satisfied that the applicant was of good conduct or the effects of a pardon, namely, that the pardon will constitute evidence that the Board was satisfied that the applicant was of good conduct.”
Under the Criminal Records Act good conduct is 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.
In the Conille case, the Court declared that:
“The 'presumption of innocence' principle is not applicable in the context of an application for pardon. This principle and the rights pertaining thereto apply in the context of a criminal proceeding and not…in the case of an administrative proceeding such as the one involved in this case. The grant of a pardon is discretionary. It is not an entitlement and is done only when the Board is satisfied that the applicant is of good conduct.”
Why does it matter?
We cannot stress enough how important it is to demonstrate the good conduct that the Parole Board of Canada is seeking. Without it, your application will be rejected. Once an application is rejected on the grounds of not meeting the “good conduct” criteria, the applicant such as yourself, would have to wait another full year before applying again. All new documents would need to be obtained and the Parole Board of Canada’s hefty fee would have to be paid again. Indeed, the good conduct criteria is one of the most common reason why we see rejection notices. We are able to help our clients respond to these rejection notices with our professional knowledge of the Parole Board of Canada’s procedures and requirements. You don’t want to do this alone, let us help you.
With the Conille case, even though this man had reformed his character and demonstrated many positive changes in his life that the Court acknowledged, it was not enough. The Court states:
“Although the applicant in this case has demonstrated that he has settled down, straightened up and been leading a well-adjusted life since his conviction, he is nevertheless a key suspect…. This is a serious matter and, in my opinion, the Board was entitled to conclude on the basis of this information that it was not satisfied that the applicant had been of good conduct. The Board's decision is not based on an erroneous finding of fact made in a perverse or capricious manner or without regard for the material before it. Furthermore, the Board's decision is not patently unreasonable. There is no reason for the Court to intervene, therefore.
Without the presumption of innocence, the Parole Board of Canada’s process is a daunting and complex one. It is unlike any criminal court in our country. The Good Conduct requirement is a nuanced and necessary part to your application. Let us help with making your application as strong as possible to get you on the road to a life free of criminal record restraints.
