Perjury and fabricating evidence are classified as crimes against the administration of justice. Because these indictable offences involve lying under oath, proving your “good character” to the Parole Board of Canada is exceptionally difficult. You must complete a 10-year waiting period and provide overwhelming evidence of your current honesty.
The Challenge of Clearing Crimes Against Justice
The entire Canadian legal system is built on the foundation of truth. When an individual commits perjury (lying under oath) or fabricates evidence during a trial, they attack the very core of the justice system. Judges and prosecutors in cities from Vancouver to Ottawa treat these offences with utmost severity, often resulting in strict federal sentences.
When it comes time to apply for a Record Suspension (pardon), the Parole Board of Canada (PBC) treats these applications with immense skepticism. 🔍 The primary requirement for a pardon is proving your “good conduct” and that you have fundamentally changed. However, because your original crime was an act of profound dishonesty, the PBC will naturally question whether the statements in your pardon application are actually truthful.
To overcome this hurdle, you cannot simply fill out the basic forms and hope for the best. You must build an ironclad portfolio of character references, steady employment records, and community trust. Because the stakes are so high for crimes against the administration of justice, retaining a skilled criminal defence lawyer from our directory is highly recommended to present your case.
Step-by-Step Process in Canada
Clearing a perjury conviction requires patience and a flawless application. Follow these meticulous steps to satisfy the federal requirements of the Parole Board.
Step 1: Fulfill All Sentence Obligations
Your waiting period cannot begin until the judge’s sentence is entirely satisfied. 💰 This includes serving your prison time, finishing your parole, completing any probation periods, and paying all victim surcharges or fines associated with the perjury conviction.
Step 2: Wait the 10-Year Mandatory Period
Perjury and fabricating evidence are straight indictable offences under the Criminal Code. Therefore, you must wait a mandatory 10 years after completing your sentence. You must maintain an absolutely clean record during this decade; even a minor brush with the law will ruin your chances.
Step 3: Collect RCMP and Local Police Records
Get digital fingerprints taken to order your official RCMP criminal record. 🔎 Next, you must contact the local police departments in every single municipality you have resided in for the past 5 years to obtain Local Police Records Checks. This proves you have been living honestly in your community.
Step 4: Build a Massive Good Character Portfolio
This is your most important step. You must gather reference letters from employers, religious leaders, or community organizers who can specifically vouch for your honesty and integrity today. You must also write a detailed letter to the PBC taking full accountability for lying to the court in the past, and explaining why you will never do it again.
Step 5: Submit the Application
Mail your perfectly assembled package to the Parole Board of Canada in Ottawa. 📩 Ensure all forms are signed, dated within the last 6 months, and include the proper government processing fee.
Proving Good Character: Perjury vs. Other Offences
The nature of your offence changes how the PBC evaluates your character. Here is a comparison.
| Type of Offence | Core PBC Concern | Best Way to Prove Rehabilitation |
|---|---|---|
| Perjury / Fabricating Evidence | Are they lying to us on this application? Can they be trusted? | Long-term employment in roles requiring high trust/financial oversight. |
| Simple Assault | Are they prone to violence or anger issues? | Anger management completion, peaceful community living. |
| Theft Under $5,000 | Will they steal again due to financial hardship? | Stable income, financial responsibility, no new property charges. |
How Much Does it Cost in Canada?
Preparing a highly complex pardon application involves several fees. Here is an estimate of costs in Canadian dollars (CAD).
- PBC Processing Fee: The federal government fee is currently $50 CAD.
- Fingerprints & Record Checks: Ordering your RCMP record and local police checks generally costs between $100 and $150 CAD total.
- Court Documents: Retrieving your original conviction records from the courthouse usually costs $20 to $50 CAD.
- Law Firm Fees: Hiring a lawyer to build a robust “good conduct” argument for a perjury conviction typically costs $2,000 to $4,000+ CAD.
How Long Does the Process Take?
Because perjury is a serious indictable offence, the timelines are long. ⏱ Here is what to expect.
- Statutory Wait Time: Exactly 10 years from the day your sentence is fully completed.
- Application Assembly: Gathering letters, court documents, and police checks can take 3 to 6 months.
- Parole Board Review: For an indictable offence, the PBC has up to 12 months to review your file and render a decision.
Frequently Asked Questions (FAQ)
Is perjury always an indictable offence in Canada?
Yes. Under the Criminal Code of Canada, perjury is a straight indictable offence carrying a maximum penalty of 14 years in prison. It cannot be prosecuted as a lesser summary conviction, which is why it always requires a 10-year wait for a pardon.
Can I testify in court after getting a pardon for perjury?
Yes, you can be called as a witness. However, even with a Record Suspension, opposing lawyers may attempt to bring up your past perjury conviction to attack your credibility. A pardon seals the record from standard background checks, but court proceedings have different rules of evidence.
Will employers see my perjury charge while I wait for the 10 years?
Yes. Until your Record Suspension is officially granted, your perjury conviction will appear on any standard criminal background check requested by an employer, which can make finding a job very difficult.
Can the PBC deny my pardon even if I wait 10 years?
Absolutely. Waiting 10 years only makes you eligible to apply. If the Parole Board of Canada feels you have not provided enough evidence of good character, or if your references are weak, they can legally refuse to grant the Record Suspension.
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