If you are arrested or face new charges while your Record Suspension is processing, the Parole Board of Canada will immediately halt your application. You will generally face a refusal and must resolve the new charges before a new waiting period can begin.
Applying for a federal Record Suspension in Canada demands strict adherence to the law and a demonstration of sustained good behaviour in your community. 👮 One of the most stressful situations an applicant can face is being detained or charged with a new offence while their pardon application is actively sitting in the federal queue.
The Parole Board of Canada (PBC) has zero tolerance for active criminal proceedings. If you find yourself in this situation, it is highly recommended to seek immediate assistance from a criminal defence lawyer listed in our directory to protect your constitutional rights and your future eligibility for a pardon.
The Impact of New Charges on Your Federal Pardon
The Canadian justice system is highly interconnected. Whether your new charge occurs in British Columbia, Alberta, or Nova Scotia, the federal government will quickly be notified. 📡 Here is exactly how a new arrest impacts your active application step-by-step.
Step 1: The CPIC Alert and RCMP Notification
When you are arrested, local police input the incident into the Canadian Police Information Centre (CPIC) database. Because your fingerprints are already being monitored for your active pardon file, the RCMP will automatically detect the new charge. They will immediately notify the Parole Board of Canada that your good conduct status has been severely compromised.
Step 2: Immediate Suspension of Your Application
Upon receiving the alert, the PBC will freeze your file. ❌ The official processing timelines for your summary conviction or indictable offence will be entirely suspended. You will receive an official letter from the board stating that your application cannot proceed while you have outstanding charges before the provincial or federal courts.
Step 3: Proposal to Refuse and Final Decision
If you are ultimately convicted of the new charge, the PBC will issue a formal proposal to refuse your Record Suspension. At this point, your current application is voided. You must finish your new sentence and wait the required 5 or 10 years all over again before you can submit a brand-new application.
How Much Does it Cost to Deal with a Refusal?
Facing new charges while seeking a pardon is incredibly costly and stressful. 💵 You will not only lose the money invested in your current application, but you will also face new legal battles.
| Potential Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Lost PBC Application Fee | $50.00 | The federal fee is generally non-refundable if your file is closed due to new charges. |
| Lost Document Gathering Fees | $150.00 – $300.00 | Fees paid for fingerprints, court documents, and local police checks are forfeited. |
| Criminal Defence Lawyer Fees | $2,000.00 – $10,000.00+ | Hiring a law firm to fight the new charges and try to prevent a new conviction. |
How Long Does the Delay Take?
If you are arrested, the delay is indefinite. The PBC will not resume processing until your new court case is entirely resolved. If the charges are withdrawn or you are acquitted, your lawyer must provide certified court documents proving the dismissal before the PBC will unfreeze your file. If you are convicted, a new mandatory waiting period of 5 years (summary conviction) or 10 years (indictable offence) will apply.
Frequently Asked Questions (FAQ)
What happens if the police drop the charges before court?
If the charges are officially dropped, you must send proof of the withdrawal to the Parole Board. Only then will they resume processing your Record Suspension file.
Do provincial traffic tickets affect my federal pardon?
Generally, minor provincial offences like speeding tickets do not halt a Record Suspension. However, criminal traffic offences under the Criminal Code, such as Impaired Driving, absolutely will cause a refusal.
Can I get a refund if my pardon is cancelled due to an arrest?
No. The Parole Board of Canada does not refund application fees if your file is closed or refused due to a breach of the good conduct requirement.
Should I tell my lawyer about my pending pardon?
Yes, absolutely. Your criminal defence lawyer needs to know about your pending application so they can strategy the best possible defence to protect your record.
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