Pardons and Clemency

Royal Prerogative of Mercy

FACT SHEET: Royal Prerogative of Mercy January 2001

What is the Royal Prerogative of Mercy?

The Royal Prerogative of Mercy (RPM) is a Queen's prerogative exercised in Canada by the Governor General or the Governor in Council (i.e. Cabinet). It relates to forms of clemency, granted in exceptional circumstances in deserving cases involving federal offences.

The Governor General or the Governor in Council grants clemency upon recommendation from the Minister of Public Safety and Emergency Preparedness or at least one other minister.

What types of clemency can be granted by the Governor in Council?

The Criminal Code (s. 748 and 748.1) authorizes the Governor in Council to grant the following types of clemency:

• Free Pardon: based on innocence, it is a recognition that the conviction was in error.
• Conditional Pardon:
  1. sealing and setting aside of criminal record prior to pardon eligibility under the Criminal Records Act (three years for a summary offence, five years for an indictable offence); or/li
  2. parole in advance of eligibility date in cases of life and indeterminate sentences./li
• Remission of fine, forfeiture and pecuniary penalty: removal of requirement to pay whatever amount has been levied.

Can the Governor General also authorize these types of clemency?

The Governor General can grant free and conditional pardons, and remission of fine, forfeiture and pecuniary penalty. However, the Governor General authority to grant clemency will be used only when it is not possible to proceed under the Criminal Code (as discussed in Question 2 above).

What other types of clemency can only be granted by the Governor General?

The Governor General can grant the following:

• Remission of sentence: all or part of the sentence erased.
• Respite: interruption in the execution of the sentence (e.g. for a major surgery).
• Relief from prohibition: alteration or removal of prohibition (e.g. prohibited from driving)

What is the role of the National Parole Board under the RPM?

The role of the National Parole Board is to review clemency applications, to conduct investigations and to make recommendations to the Minister of Public Safety and Emergency Preparedness.

What are the principles guiding the National Parole Board in reviewing clemency applications?

The National Parole Board uses six guiding principles when reviewing applications under the RPM. These principles provide a fair and equitable process, and ensure that the RPM is granted only in very exceptional and truly deserving cases:

1. There must be clear and strong evidence of injustice or undue hardship (e.g. suffering of a mental, physical and/or financial nature that is out of proportion to the nature and the seriousness of the offence).
2. Each application is strictly examined on its own merits. Consideration is not given to the hardship of anyone else, and it is not considered posthumously.
3. The applicant must have exhausted all other avenues available under the Criminal Code, or other pertinent legislation (i.e. parole, appeals).
4. The independence of the judiciary shall be respected in that there must be stronger and more specific grounds to recommend action that would interfere with a court's decision./li>
5. It is intended only for rare cases in which considerations of justice, humanity and compassion override the normal administration of justice.
6. The decision should not, in any way, increase the penalty for the applicant.