Fact Sheet - Appeal of a PBC Decision
Who can file an appeal?
You or a representative can appeal a decision of the Parole Board of Canada (PBC) on your conditional release.
Your representative can be a family member, friend, lawyer, community support, or another person you approve. Only one (1) person can be identified as a representative. A person becomes a representative when they file an appeal on behalf of the offender. No other forms or documents are required.
Decisions that can be appealed
- Day and/or full parole denied;
- Revocation of day parole, full parole or statutory release;
- Special conditions on day parole, full parole, or statutory release;
- Escorted/Unescorted Temporary Absence not authorized;
- Decision to confirm direct revocation of parole or statutory release; and,
- Detention reviews.
Decisions that cannot be appealed
- When you are within 90 days of your statutory release date or warrant expiry date;
- The appeal you submitted is received more than two (2) months after the PBC made the decision
- The appeal is moot because a new decision has been rendered;
- The suspension of your parole or statutory release;
- The appeal is premature in cases where the PBC imposes special conditions not recommended by CSC;
- Decision to directly revoke parole or statutory release;
- Long-Term Supervision decisions; and,
- Case management decisions made by CSC.
Grounds for an appealFootnote 1
- The decision did not comply with a fundamental principle of justice;
- The decision contained an error of law;
- The decision breached or failed to apply a PBC policy;
- The decision was based on inaccurate or incomplete information; or,
- The PBC acted without jurisdiction, beyond its jurisdiction, or failed to exercise its jurisdiction.
How to submit an appeal
To submit an appeal, you or your representative must submit the following documents to the PBC’s Appeal Division:
- The completed Appeal of a PBC Decision form;
- A written notice that clearly states the grounds for the appeal; and,
- Any supporting documents.
The information must be submitted by either:
- Email: appeals@pbc-clcc.gc.ca;
- Fax: (613) 941-0543; or,
- Mail: Appeal Division, 410 Laurier Ave. West, 7th floor, Ottawa, Ontario K1A 0R1
The Appeal of a PBC Decision form is available from your Case Management Team.
Representatives can access more information and the Appeal of PBC Decision form on the PBC’s website: Canada.ca/parole
IMPORTANT:
The Appeal Division’s decision is final.
You or your representative can seek Judicial Review of an Appeal Division decision at the Federal Court within 30 days. Refer to subsection 18.1(2) of the Federal Courts Act for details.
For more information on the appeal process, contact your Case Management Team.
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