How to apply for pardon in Canada?

Contents

• Introduction
• Advantages of a Pardon
• Limitations
• Revocation
• Who May Apply
• Discharges
• When You May Apply
• Waiting Periods
• The Process
• How to Apply

Introduction

Advantages of a Pardon

The Canadian Human Rights Act prohibits discrimination based on a pardoned conviction. This includes services you may need or the eligibility to work for a federal agency. The Criminal Records Act states that no employment application form within the federal public service may ask any question that would reveal a pardoned conviction. This is also true for a Crown corporation of the government of Canada, the Canadian Forces or any business within federal authority.

Limitations

A pardon does not erase the fact that you were convicted of an offence. Furthermore if you are prohibited under the Criminal Code of Canada from driving a vehicle or possessing a firearm for a specified period of time, a pardon will not return those privileges to you.

Revocation

Further, the Board may revoke your pardon if:

• you are later convicted of a summary offence;
• you are longer of good conduct; or
• the Board learns that you made a false or deceptive statement, or concealed relevant information at the time of the application.

If proposing to revoke your pardon, the Board will write to you. You may then make representations for the Board to consider.

If your pardon ceases to have effect because of a new conviction for an indictable offence, or the Board revokes your pardon, the records of the pardoned offences will again be kept with the other conviction records.

Who May Apply?

• you were convicted of an offence under a federal act or regulation of Canada. You do not have to be a Canadian citizen or a resident of Canada;
• you were convicted under the National Defence Act;
• you were a Canadian citizen who was convicted in another country and you were transferred to Canada under the Transfer of Offenders Act.

If charges against you were stayed or withdrawn, they cannot be considered for a pardon because they did not result in a conviction. The Criminal Records Act only applies to convictions. If your charges did not result in a conviction but are on the Royal Canadian Mounted Police (RCMP) computers, you may contact the police force that arrested you and ask them to request that the RCMP return the fingerprints and information taken at the time of arrest to them for destruction. Local police forces may choose to deny this request.

Discharges

Information about absolute or conditional discharges given before July 24, 1992, will not be removed automatically. To have information with regard absolute or conditional discharges given prior to this date remover, you may write to:

Attention: Purge Unit
Director
Identification Services
Royal Canadian Mounted Police
P.O. Box 8885
Ottawa, Ontario, K1G 3M8

Your request must include your complete name, the name used when sentenced, if different, your date of birth and the date of discharge, if known.

When You May Apply

An order under the Criminal Code of Canada that prohibits you from driving a vehicle or possessing a firearm for a specified period of time is not part of your sentence for the purpose of a pardon. Since your eligibility or waiting period is calculated from the date you completed your sentence, you do not have to consider this order when applying for a pardon. However, the pardon will not eliminate the prohibition.

Waiting Periods

The law identifies two ways that the courts will handle offences: summary or indictable. For example, anyone guilty of causing a disturbance will be convicted of a summary offence. Anyone convicted of a robbery will be convicted of an indictable offence. For some offences, the law does not state whether it will be a summary or indictable offence. In these cases, the law allows the Crown attorney to choose to deal with them as either. For example, anyone guilty of shoplifting may be convicted of either a summary or an indictable offence. If you were convicted of an offence for which the Crown attorney had the choice to ask for either a summary or indictable conviction, the National Parole Board must have written proof from the court in which the case was heard if your conviction was summary.

Conviction under the National Defence Act:

Fine of more than $2000: 5 years
Imprisonment for more than 6 months: 5 years
Dismissal from the service: 5 years
All other punishments: 3 years

Canadian citizens returned to Canada under the Transfer of Offenders Act: 5 years.

The Process

If you had a summary conviction or a conviction under the National Defence Act with a 3-year waiting period, the Board will issue a pardon after it has confirmed that you have completed your waiting period and determined through the RCMP that you have been free of conviction since your sentence was completed.

Indictable offences

If you were convicted of an indictable offence or an offence with a 5-year waiting period, the Board will confirm that you have completed your waiting period, verify through the RCMP that you have had no further conviction, and will investigate your behaviour since your sentence was completed. The RCMP conducts the investigation for the Board with the greatest possible discretion. In some cases, you will be interviewed and there may be an investigation in your neighbourhood.

The Board studies the RCMP investigation report and decides whether to grant or deny a pardon. If proposing to refuse a pardon, the Board will write to you or your representative. You may then make representations for the Board to consider.

How to apply

Clemency and Pardons Division
National Parole Board
340 Laurier Avenue West
Ottawa, Ontario K1A 0R1

The processing fee is $50. You must send a money order, certified cheque or bank draft made payable to the Received General of Canada with your pardon application. Do not send cash or a personal cheque. This fee is not refundable.