What are the different types of clemency?
Specific Remedies and Criteria
In addition to the general principles which guide the Parole Board of Canada (PBC) in assessing the merits of clemency applications, each form of relief is assessed against some specific criteria.
Free Pardon
A free pardon is an absolute, unconditional pardon. A person who is granted a free pardon is deemed to have never committed the offence. Any consequence resulting from the conviction, such as fines, prohibitions or forfeitures will be cancelled upon the grant of a free pardon. In addition, any record of the conviction will be erased from the police and court records, and from any other official data banks. A free pardon may be a formal recognition that a person was erroneously convicted of an offence. It may also be granted in exceptional cases where considerations of justice, humanity and compassion warrant the granting of a pardon that is absolute and free of conditions. Governor in Council and Governor General.Definition
Criteria
Authority
Conditional Release Prior to Eligibility Under the Corrections and Conditional Release Act (CCRA)
Definition
A conditional release prior to eligibility under the CCRA is the release of an individual from incarceration into the community, under supervision and subject to conditions, until the expiration of the sentence imposed by the court.
Criteria
In order for a conditional release to be granted prior to eligibility under the CCRA, the applicant must be ineligible for any other form of release under the CCRA, and the applicant should not, by reoffending, present an undue risk to society. In addition, there should exist clear evidence of injustice, inequity, error of law or undue hardship.
Authority
Governor in Council and Governor General.
Conditional Pardon – in Advance of Eligibility Under the Criminal Records Act (CRA)
Definition
A conditional pardon in advance of eligibility under the CRA has the same meaning and effect as a pardon granted under the provisions of the CRA.
Criteria
Possessing a criminal record is the normal consequence of having been found guilty or convicted of a crime. A criminal record may limit access to careers, to employment, to travel and, in itself, may result in a certain amount of hardship.
In order for a conditional pardon to be granted in advance of the eligibility under the CRA, the applicant must be currently ineligible for a pardon under the CRA. In addition, such a pardon may be considered only when there is evidence of good conduct, within the meaning of the CRA, and consistent with the policies of the Parole Board of Canada in these matters. Finally, there must be substantial evidence of undue hardship, out of proportion to the nature of the offence and more severe than for other individuals in similar situations.
Authority
Governor in Council and Governor General.
Remission of Sentence
Definition
A remission of sentence amounts to the erasing of all, or part of, a sentence imposed by the court.
Criteria
Consistent with the principle that the independence of the judiciary must be respected, a remission of sentence may be considered only where there exists evidence of: an error in law; a substantial inequity, such as a change in legislation which had unintended and unanticipated consequences for a person convicted and sentenced; or undue hardship which would be out of proportion to the nature and seriousness of the offence and more severe than for other individuals in similar situations.
Authority
Governor General
Remission of Fine, Forfeiture, Estreated Bails and Pecuniary Penalties
Definition
A remission of a fine, a forfeiture, an estreated bail or a pecuniary penalty amounts to the erasing of all, or part of, the penalty imposed by the court.
Criteria
In order for such penalties to be remitted, there must exist substantial evidence of undue hardship, due to circumstances or factors unknown to the court that imposed the sanction, or which occurred subsequent to the imposition of the sanction by the court. In addition, consideration will be given to whether the grant of a remission would result in hardship to another person.
Authority
Governor in Council and Governor General.
Respite
Definition
Respite is the interruption of the execution of a sentence.
Criteria
In order for a respite in the execution of the sentence to be considered, there must be substantial evidence that failure to grant such an act of clemency would result in undue hardship, or create an inequity. In addition, the granting of a respite should not place the community at risk of the offender's re-offending.
Authority
Governor General
Relief from Prohibitions
Definition
A relief from a prohibition is the removal or the alteration of a prohibition, imposed by the court as a result of a conviction.
Criteria
A prohibition may be removed or altered where there is substantial evidence that the prohibition is causing undue hardship to the applicant and that altering or removing the prohibition would not place that community at risk of the offender's re-offending.
Authority
Governor General
Note
Pursuant to CCRA section 109 of the Corrections and Conditional Release Act (CCRA), the Parole Board of Canada may, under some circumstances, cancel or vary a portion of a driving prohibition order made under Criminal Code section 259(1) or Criminal Code section 259(2) of the Criminal Code.
Consistent with the principle that the Royal Prerogative of Mercy is not intended to circumvent any other existing legislation, such recourse may only be invoked for driving prohibitions where the applicant is otherwise ineligible under the provisions of the Corrections and Conditional Release Act.
Cancellation of a Remedy
All remedies described above are subject to cancellation if the application was granted on the basis of information which is subsequently found to have been fraudulent.
All remedies, with the exception of free pardons, may be cancelled if any condition under which they are granted is subsequently breached.
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