If one police force signs off on your Local Police Records Check (LPRC) smoothly, but another flags you for a recent non-criminal interaction (like a mental health crisis or a domestic dispute with no charges), the Parole Board of Canada will halt your application. You must usually provide a strong Letter of Explanation to prove you still meet the “good conduct” requirement.
Applying for a Record Suspension in Canada is highly dependent on proving that you have lived a law-abiding lifestyle since your conviction. To verify this, the Parole Board of Canada (PBC) requires a Local Police Records Check (LPRC) from every city you have lived in over the past 5 years. 📍 But what happens when you have moved, and the police forces in your previous and current cities have wildly different opinions on your file?
It is incredibly common for an applicant to have a completely clean record in Vancouver, but a flagged LPRC from a rural RCMP detachment in Alberta. Local police databases (RMS) store much more than just criminal convictions; they log noise complaints, speeding tickets, suicide attempts, and 911 calls where you were simply present. 💼 When a detachment flags your file, it threatens the success of your pardon. Retaining a criminal defence law firm is critical to smoothing out these bureaucratic discrepancies.
Step-by-Step Process in Canada: Resolving LPRC Discrepancies
When the Parole Board receives conflicting police reports, they do not automatically reject your application. Instead, they initiate an investigation into your “good conduct.” 📄 Here is how you and your lawyer should navigate this stressful situation.
Step 1: Identifying the Source of the Discrepancy
When a police service flags your LPRC, they must tick a box indicating that they possess “information that may be relevant to the applicant’s good conduct.” They are required to attach an incident report or summary. 🔍 You must read this attachment carefully.
Often, applicants are shocked to see a 3-year-old incident where they called the police during a mental health crisis, or a situation where they were questioned by police but never charged with a summary conviction or an indictable offence. Understanding exactly what the police wrote is the first step in defending your character.
Step 2: Filing a Freedom of Information (FOI) Request
Sometimes, the police summary attached to the LPRC is vague or unfairly paints you as the aggressor in a situation where no charges were laid. To fight this, your lawyer may file an Access to Information or Freedom of Information (FOI) request with that specific police detachment. 🏢
This forces the police to hand over the full officers’ notes and 911 transcripts from the incident. By obtaining the raw data, you can often prove to the Parole Board that the interaction was minor, that you were the victim, or that it was an isolated health issue rather than criminal behaviour.
Step 3: Drafting a Legal Letter of Explanation
The PBC evaluates “good conduct” holistically. You cannot ignore the flagged LPRC; you must address it head-on. 📝 Your law firm will help you draft a sworn Affidavit or a detailed Letter of Explanation.
If the police interaction was due to a mental health struggle, you would explain the steps you took to heal, such as attending counselling or taking medication. If it was a toxic domestic argument where no one was charged, you would explain that the relationship has ended and you have moved on peacefully. The goal is to show the PBC that you are taking responsibility and that the public is not at risk.
Step 4: Submitting the Rebuttal to the PBC
Once your explanation is compiled, it is submitted alongside your main Record Suspension application. If the PBC has already processed your file and sent you a “Proposal to Deny” letter based on the bad LPRC, you generally have 30 days to submit this rebuttal. ⌛ Missing this deadline will result in your application being closed, and you will forfeit the government fee.
How Much Does it Cost in Canada?
Resolving police disputes adds financial strain to the pardon process, largely due to the need for professional legal advocacy. Below are the estimated costs in CAD. 💰
| Expense Type | Average Cost (CAD) | Details |
|---|---|---|
| PBC Application Fee | $50 | Standard filing fee (non-refundable). |
| Freedom of Information (FOI) Request | $5 – $25 | Municipal or provincial access fee for police notes. |
| Lawyer Rebuttal Drafting | $500 – $1,500 | Legal fees to draft a compelling explanation. |
| Counselling / Rehab Proof | $0 – $300 | Fees for a psychologist’s letter, if applicable. |
How Long Does the Process Take?
A flagged LPRC guarantees that your application will be delayed. Requesting police notes via an FOI usually takes 30 to 45 days. ⌛
Once the Parole Board receives a complicated file with a Letter of Explanation, the file is escalated to senior Board Members. Instead of the standard 6 months for a summary conviction or 12 months for an indictable offence, an investigation into your good conduct can add an additional 3 to 6 months to your overall waiting time.
Frequently Asked Questions (FAQ)
Can a speeding ticket ruin my Record Suspension?
Generally, no. Minor provincial traffic offences (like speeding or parking tickets) do not reflect criminal behaviour. However, severe driving offences under the Criminal Code, like a DUI or dangerous driving, absolutely will impact your application.
Why do mental health calls show up on an LPRC?
Police databases log every interaction for officer safety. If police were called to your home for a mental health crisis, it is permanently recorded locally, even if it never went to CPIC. The PBC may question if this poses a risk to society.
What happens if the PBC issues a Proposal to Deny?
A Proposal to Deny is not a final refusal. It is an official warning that the Board intends to reject your pardon. You are given a specific window (usually 30 days) to submit written representations to change their minds.
Can I sue the police for writing a bad LPRC?
It is extremely difficult to sue the police for this. They have a legal mandate to report any information relevant to the PBC. Your best strategy is to explain the context to the PBC, not fight the police in civil court.
Should I hide a previous address to avoid a bad police check?
Absolutely not. Hiding addresses is a federal offence (misrepresentation). If the PBC discovers you lied to avoid a specific police detachment, your application will be denied, and you may face new criminal charges.
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