INTRODUCTION AND BRIEF DESCRIPTION
A person who is granted a free pardon shall be considered as never having committed the offense.
SECTION WORDING
748(3) Where the Governor in Council grants a free pardon to a person, that person shall be deemed thereafter never to have committed the offence in respect of which the pardon is granted.
EXPLANATION
Section 748(3) of the Criminal Code of Canada pertains to the granting of a free pardon by the Governor in Council to individuals who have been convicted of an offence. In order to be eligible for a free pardon, the person must have completed their sentence and demonstrated good conduct since their release. Once successfully granted a free pardon, the individual will be able to regain many of the rights and privileges that were taken away as a result of their conviction, including the right to vote, the ability to apply for certain types of employment, and the ability to travel freely. However, the most significant aspect of receiving a free pardon is that the individual will be deemed to have never committed the offence for which they were convicted. This means that the conviction will not appear on their criminal record, and they will not have to disclose it when asked about prior convictions. This provision enables individuals to move on from their past and to rebuild their lives without the stigmatization of their criminal record. It also offers a degree of closure and recognition that they have paid their debt to society. Overall, Section 748(3) of the Criminal Code of Canada provides a mechanism for individuals who have demonstrated good conduct and rehabilitation to receive a free pardon, which not only restores some of their rights and privileges but also removes the stigma of their past conviction by deeming them never to have committed the offence.
COMMENTARY
Section 748(3) of the Criminal Code of Canada speaks about the prospect of a person being granted a free pardon for the crimes that they have committed. The section lays down a clear and concise principle that once a person is granted a free pardon, they are considered to have never committed the offense for which they were pardoned. The granting of a free pardon means that the person who has been granted one will be absolved of all the consequences and stigma that would have resulted from the conviction. This section recognizes the fundamental principle that the criminal justice system is not just about punishing offenders but is also about reforming them. It is premised on the idea that even individuals who have been convicted of crimes and have served their sentence are capable of reforming and contributing positively to society. Such individuals should, therefore, be given a chance to start afresh and make a new beginning. The granting of a free pardon is a fulfilment of this principle as it offers a chance for redemption to those who have erred in the past. The significance of this section should not be underestimated. It recognizes that the punishment imposed on a person who has committed a crime has to come to an end, and that person should be given the opportunity to move on and start a new life. This is particularly important in cases of wrongful conviction where an individual has been erroneously found guilty of a crime they did not commit. In such cases, the granting of a free pardon is not just an expression of mercy, but it is also an acknowledgment of the person's innocence. The notion of "never committed the offense" is not just a matter of exoneration, but it also means that the person is entitled to all the rights that an innocent person enjoys. It implies that the person will not suffer any prejudice or discrimination that might arise out of the conviction. In effect, the person will be entitled to apply for jobs, vote, and participate in civic engagements, among other rights. It is important to note that the granting of a free pardon does not mean that the person's criminal record is expunged from the records. This is because the pardon is only granted after the person has been convicted of a crime. However, the pardon effectively eliminates the negative consequences that might have resulted from the conviction. In cases where a person's criminal record poses difficulties for them in accessing employment, housing or other services, they may apply for a record suspension. The record suspension effectively seals the record from public access, thereby allowing the person to start anew. In conclusion, section 748(3) of the Criminal Code of Canada is a testament to the country's commitment to justice and fairness. It recognizes that those who have been convicted of crimes should not be condemned to a lifetime of suffering and stigma. Instead, they should be given a chance to reform and make amends for their past mistakes. The section is a reflection of Canada's belief in redemption and forgiveness, hallmarks of any civilized society.
STRATEGY
Section 748(3) of the Criminal Code of Canada is an important provision that governs the granting of free pardons. This provision means that a person who receives a free pardon is deemed to have never committed the offence in respect of which the pardon is granted. This provision is significant because it has important consequences for the person who receives the pardon, as well as for others who may be impacted by the pardon, such as victims, witnesses, and the community. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. For example, the decision to grant a pardon is usually made by the Governor in Council, and this decision can have significant political and legal implications. As such, it is important to carefully consider the implications of any pardon decision, particularly with respect to the impact it might have on public opinion and the criminal justice system. One of the key strategies that could be employed when dealing with this section of the Criminal Code of Canada is to carefully evaluate the circumstances of the offence and the person seeking the pardon. This could involve conducting a thorough investigation into the person's background and character, as well as their involvement in the crime. This information could be used to determine whether the person is truly deserving of a pardon and whether granting a pardon would be in the public interest. Another important strategy is to consult with relevant stakeholders, such as victims, witnesses, and the community, to determine their views on the potential impact of a pardon. This could involve holding public hearings or meetings with representatives of these groups to gather their input and feedback. This information could be used to inform the Governor in Council's decision-making process and to ensure that the decision takes into account the interests of all parties. One additional strategy that could be employed when dealing with this section of the Criminal Code of Canada is to establish clear and transparent guidelines for the granting of pardons. This could involve developing criteria for determining eligibility for a pardon, as well as a process for evaluating pardon applications. By establishing clear and transparent guidelines, the pardon process can be made more consistent and predictable, which can help to build public trust and confidence in the criminal justice system. In conclusion, section 748(3) of the Criminal Code of Canada is an important provision that governs the granting of free pardons. When dealing with this section of the Criminal Code, there are several strategic considerations that need to be taken into account, including evaluating the circumstances of the offence and the person seeking the pardon, consulting with stakeholders, and establishing clear and transparent guidelines for the granting of pardons. By carefully considering these factors, the pardon process can be made more fair, consistent, and effective.