INTRODUCTION AND BRIEF DESCRIPTION
This section defines what the term pardon means in the context of conditional pardons granted under royal prerogative or section 748 that have not been revoked.
SECTION WORDING
490.011(1) In this part, "pardon" means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked.
EXPLANATION
Section 490.011(1) of the Criminal Code of Canada defines the term "pardon" in the context of the Code's provisions on pardons. According to this definition, a pardon is a conditional pardon that is granted under the royal prerogative of mercy or section 748 of the Criminal Code and has not been revoked. The royal prerogative of mercy refers to the Queen's power to grant pardons to convicted individuals based on exceptional circumstances or considerations of mercy. Section 748 of the Criminal Code, on the other hand, outlines the process for applying for and granting of pardons by the National Parole Board. A conditional pardon is a type of pardon that places conditions on the recipient's release from punishment or criminal record. These conditions may include, for example, the requirement to abstain from certain activities or periodically report to authorities. If a conditional pardon is granted under the royal prerogative of mercy or section 748 and is not revoked, it is considered a legal pardon under Canadian law. Overall, Section 490.011(1) serves to clarify the definition of the term "pardon" in the context of Canada's criminal justice system. By explicitly outlining the types of pardons that qualify under this definition, the section helps to ensure that legal terminology is used accurately and consistently.
COMMENTARY
Section 490.011(1) of the Criminal Code of Canada provides the definition of a "pardon" in the context of the criminal justice system. This definition is important because it lays out the requirements for a pardon and clarifies what this legal action truly entails. A pardon, as defined in this section, refers to a conditional pardon that is granted under Her Majesty's royal prerogative of mercy or under section 748 of the Criminal Code. This pardon must also not have been revoked, meaning that the individual who received the pardon has not committed any further criminal offenses that would warrant a revocation of their pardon. The granting of a pardon under this definition provides certain benefits to individuals who have served their sentence and demonstrated that they are law-abiding citizens. For example, a pardon can provide relief from some of the consequences of a criminal conviction, such as restrictions on employment opportunities and travel. However, it is important to note that a pardon does not erase the criminal record of the individual, nor does it guarantee entry into other countries. Additionally, a pardon may be subject to conditions, such as reporting requirements, that the individual must comply with in order to maintain the pardon. The inclusion of this definition in the Criminal Code of Canada is crucial for maintaining consistency and clarity in the legal system. By explicitly defining what is meant by a pardon, the Code helps to avoid confusion or misinterpretation. It also ensures that the legal rights and privileges afforded to individuals with a pardon are clearly established and respected. This section also highlights the importance of the royal prerogative of mercy, which is a power vested in the monarch to grant clemency to individuals who have been convicted of a crime. This power is rarely used, but when it is, it can play a crucial role in promoting justice and showing mercy. In conclusion, Section 490.011(1) of the Criminal Code of Canada provides a concise and important definition of a pardon in the criminal justice context. This definition helps to clarify the legal rights and obligations of individuals who have received a pardon, and reinforces the role of the royal prerogative of mercy in promoting justice and showing mercy.
STRATEGY
Section 490.011(1) of the Criminal Code of Canada defines the term pardon" and is a crucial section to consider when dealing with pardons in Canada. Pardons are important because they provide individuals with a second chance by removing the barriers that come with a criminal record, such as employment, travel, and housing restrictions. Strategic considerations when dealing with this section of the Criminal Code of Canada depend on various factors, including the type of pardon being sought, the offenses committed, and the overall goals of the individual seeking the pardon. Here are some strategies that could be employed: 1. Understanding the Type of Pardon: There are two types of pardons in Canada, which include discharges and convictions. Understanding the type of pardon an individual is seeking is critical in determining the most effective strategy for their case. Section 490.011(1) defines a pardon as a conditional pardon granted," and a discharge is considered an absolute discharge or conditional discharge. Therefore, this section indicates that a conditional pardon is a conditional discharge that has not been revoked or an absolute discharge that has become a pardon. For individuals seeking a conviction pardon, they need to understand that a more comprehensive and rigorous process is involved in obtaining that type of pardon. 2. Offenses Committed: Another crucial consideration when dealing with section 490.011(1) of the Criminal Code of Canada is the offense committed. The Code's section states that a conditional pardon granted under Her Majesty's royal prerogative of mercy or section 748 is considered a pardon. Therefore, strategic considerations when dealing with this section should focus on the eligibility of the individual for the pardon, especially if they have committed serious offenses that could impact their chances of obtaining a pardon. 3. Timing: Individuals seeking a pardon must understand the timing involved in the process. The Potentially Dangerous Offender (PDO) classification, a designation for individuals who present an ongoing risk to public safety, hinders their eligibility for a pardon. However, the new legislation makes timing more crucial, as individuals convicted of an offense involving a life sentence, such as murder or treason, aren't eligible for a pardon for at least ten years following the completion of their sentence. Therefore, timing considerations are crucial when dealing with section 490.011(1) of the Criminal Code of Canada. 4. Working with Pardon Professionals: Working with pardon professionals who understand how pardons work, including the requirements, timelines, and processes, is important. These professionals have the expertise and knowledge required to help individuals understand how section 490.011(1) of the Criminal Code of Canada affects their case. Moreover, pardon professionals can provide guidance on the documents and supporting evidence required, and they have experience working with the government and other agencies involved in the pardon application process. In conclusion, section 490.011(1) of the Criminal Code of Canada is important in understanding how pardons work in Canada. Strategic considerations when dealing with this section depend on various factors, including the type of pardon sought, offenses committed, timing, and working with pardon professionals. By employing effective strategies, individuals can increase their chances of obtaining a successful pardon.