Yes, the Parole Board of Canada can revoke your record suspension if they determine you are “no longer of good conduct,” even without a new criminal conviction. While the government fee to apply is only $50 CAD, hiring a Canadian law firm to fight a revocation proposal typically costs between $1,500 and $3,500 CAD.
Earning a record suspension (formerly known as a pardon) in Canada is a massive relief that allows you to rebuild your life, find better employment, and travel with peace of mind. However, this second chance is not an absolute guarantee. Under the federal Criminal Records Act, the Parole Board of Canada (PBC) has the legal authority to unseal your criminal record if your behaviour drastically changes. Many people mistakenly believe that only a new criminal conviction can ruin their pardon. 🚨 In reality, severe misbehaviour that brings your character into question can trigger a revocation review.
The “no longer of good conduct” provision gives the PBC broad discretion to evaluate your actions. For example, if you are repeatedly involved in serious police incidents, suspected of organized crime affiliations, or engaged in significant civil frauds, local police can notify the Royal Canadian Mounted Police (RCMP). The RCMP then flags your file for the PBC. 📋 If you receive a notice that your record suspension is at risk, it is highly recommended to consult a local criminal defence lawyer to draft a strong response.
Step-by-Step Process When a Record Suspension is Reviewed in Canada
Whether you live in Toronto, Calgary, or Halifax, the rules for record suspensions are entirely federal and managed by the PBC. If the Board suspects you are no longer of good conduct, they must follow a strict legal process before taking your pardon away.
Step 1: Information Gathering by the RCMP
The process usually starts at the local level. If you have multiple run-ins with municipal police (like the Vancouver Police Department or the Toronto Police Service) for suspicious behaviour, they may report this to the RCMP in Ottawa. 👮 Even if these incidents do not result in formal summary conviction or indictable offence charges, a documented pattern of disturbing the peace or associating with known criminals can be flagged.
Step 2: The PBC Proposes a Revocation
Once the PBC receives this information, they review your file. If they feel your actions violate the good conduct requirement, they will issue a formal “Proposal to Revoke” letter. This letter will explicitly state the reasons why they believe you are no longer fit to hold a record suspension. You will not lose your pardon immediately; the law requires the Board to give you a chance to defend yourself.
Step 3: Submitting Written Representations
You generally have 60 days to respond to the proposal. ⌚ This is the most critical step. You must submit a written defence (called representations) explaining the context of the police incidents, proving your positive contributions to society, and demonstrating that you are still of good conduct. Most applicants hire a law firm to gather character reference letters, employment records, and legal arguments to submit to the PBC.
Step 4: The Final Decision by the PBC
After reviewing your written representations, a Board member will make a final decision. If they accept your explanation, your record suspension remains valid and your criminal record stays sealed. If they reject it, your pardon is revoked, your past convictions are placed back on the active CPIC database, and you will have to wait years to apply again.
How Much Does it Cost in Canada?
Fighting a revocation proposal is primarily a legal expense, as there is no specific government fee to submit a defence. 💵 However, professional help is crucial because losing your pardon can cost you your job.
- PBC Record Suspension Fee: $50 CAD (paid when you originally applied).
- Law Firm Retainer for Defence: Typically ranges from $1,500 to $3,500 CAD to draft written representations.
- Police Record Checks: $30 to $80 CAD if you need to gather local records to prove a lack of charges.
| Expense Type | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Government Revocation Fee | $0 | N/A |
| Legal Representation | $1,500 – $3,500 | Applicant |
| Local Police Reports | $30 – $80 | Applicant |
How Long Does the Process Take?
Once you receive a Proposal to Revoke, you typically have 60 days to submit your written response. After the PBC receives your submission, it generally takes them 3 to 6 months to review the file and issue a final written decision. Your record suspension remains active during this waiting period.
Frequently Asked Questions (FAQ)
What does ‘good conduct’ mean in Canadian law?
In the context of the Criminal Records Act, good conduct means behaviour that demonstrates you are a law-abiding citizen. It involves avoiding criminal activity, severe civil fraud, or repeated documented incidents that require police intervention.
Can a civil lawsuit cause my pardon to be revoked?
A standard civil lawsuit (like a business dispute or divorce) will not affect your pardon. However, if a civil court finds you guilty of massive, intentional fraud or egregious misconduct, the PBC could theoretically use that to question your good conduct.
Do I have to go to court to fight the revocation?
No. The Parole Board of Canada handles these matters administratively. You do not go to a courtroom; instead, you or your lawyer must submit a comprehensive written defence by mail or through their secure online portal.
If revoked, can I apply for a new record suspension?
Yes, but you will have to start the waiting period all over again. Depending on your original charges, this could mean waiting another 5 years for a summary conviction or 10 years for an indictable offence before you are eligible.
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