INTRODUCTION AND BRIEF DESCRIPTION
A pardon does not affect punishment for future, unrelated convictions.
SECTION WORDING
748(4) No free pardon or conditional pardon prevents or mitigates the punishment to which the person might otherwise be lawfully sentenced on a subsequent conviction for an offence other than that for which the pardon was granted.
EXPLANATION
Section 748(4) is an important provision of the Criminal Code of Canada that relates to the granting of pardons and conditional pardons. Essentially, this provision stipulates that a person who has been granted a pardon or conditional pardon for a particular offence is not immune from punishment if they are later convicted of a different offence. In practical terms, this means that if a person is pardoned or conditionally pardoned for a certain crime, they will still be subject to punishment if they commit another crime in the future. The pardon or conditional pardon only applies to the specific offence for which it was granted. It does not mitigate or prevent any future punishment for other offences. This provision is important because it ensures that people who have been convicted of a crime are still held accountable for their actions, even if they have been granted a pardon or conditional pardon for a previous offence. It also serves as a deterrent, as it makes it clear that pardons and conditional pardons do not provide blanket immunity from punishment. Overall, Section 748(4) is a key provision in the Criminal Code of Canada that helps to maintain the integrity of the justice system and ensure that justice is served for all crimes.
COMMENTARY
Section 748(4) of the Criminal Code of Canada is an important provision that governs the operation of pardons and conditional pardons in Canada. The provision establishes that neither a free pardon nor a conditional pardon can shield a person from the punishment that may be imposed on them if they are subsequently convicted of another offence that is distinct from the one for which the pardon was granted. In other words, a pardon does not absolve a person from the consequences of future transgressions, and they will still face sentencing for these new offences as the law requires. The purpose of Section 748(4) is to ensure that a person who is pardoned for one offence cannot use that pardon to escape justice for any subsequent criminal act that they may commit. The law recognizes that the granting of a pardon is an act of mercy that is designed to provide relief from the consequences of a specific offence after the offender has demonstrated good conduct and rehabilitation. However, a pardon does not entitle the pardoned person to any greater protection from the law than any other citizen. If they commit another offence, they will still be subject to the criminal justice system and will be punished accordingly. Under Section 748(4), a person who has been granted a free pardon or a conditional pardon can still be tried and convicted of a new offence. The punishment for the new offence will be applied separately and independently of the pardon that they received for the original offence. This means that a person who is pardoned for a minor offence, for example, cannot assume that they have carte blanche to commit other, more serious crimes without fear of punishment. It is important to emphasize that Section 748(4) applies only to new offences that are committed after a pardon has been granted. If a person is convicted of a crime that occurred prior to the pardon, they cannot be sentenced for that offence again, nor can a prior conviction be used to enhance the punishment for any new crimes that they commit. This principle is known as the rule against double jeopardy, and it ensures that a person cannot be punished twice for the same offence. In summary, Section 748(4) of the Criminal Code of Canada is a provision that underscores the principle of individual responsibility in the criminal justice system. While a pardon may mitigate the punishment for a specific offence, it does not absolve the offender from any future criminal activity. The provision recognizes that every individual is responsible for their actions and must be held accountable for any crimes that they commit, regardless of their past behaviour or criminal record. By doing so, the rule ensures that the criminal justice system is fair, consistent, and effective in promoting public safety and maintaining social order.
STRATEGY
Section 748(4) of the Criminal Code of Canada poses a significant challenge for individuals seeking pardons for past criminal convictions. This section ensures that an individual who receives a free or conditional pardon will not receive any mitigation in punishment if they are subsequently convicted of a different offence. As such, any prior criminal records could still impact an individual's sentence even after receiving a pardon. For individuals seeking a pardon, this provision can be incredibly discouraging as it limits the extent to which they can fully rehabilitate from their past actions. Knowing that, it is essential to assess the strategic considerations that come with dealing with section 748(4) of the Criminal Code of Canada. One strategic consideration is to approach the pardon application process with a long-term mindset. This means that individuals should aim to address any underlying issues that may have led them to commit the initial offence. Addressing these underlying factors can significantly reduce the likelihood of future convictions and lessen the impact of section 748(4) on future sentencing. Another strategy that could be employed is to work closely with a lawyer or a qualified legal professional who can help provide advice and representation throughout the application process. These professionals can provide valuable insights into how the court operates and what kind of behaviour is likely to be viewed favourably when it comes to future sentencing. It is also important to acknowledge that some offences may be more heavily penalized than others. If an individual has prior convictions that are particularly severe, it may be more challenging to mitigate the penalties associated with a subsequent conviction. This underscores the need to approach the pardon application process with caution and aim to address any underlying issues fully. Additionally, individuals seeking pardons may want to consider mitigating circumstances surrounding the initial offence. For example, if an individual committed the offence while under duress or in a challenging situation, this may be considered when sentencing for a future conviction. Similarly, factors like mental health can be relevant to sentencing, and addressing these factors could help mitigate some of the impact of section 748(4). Finally, individuals should always aim to be upfront and honest about their past and any prior convictions when seeking a pardon. Any attempts to misrepresent or hide past criminal activity typically will not be well-received and could harm an individual's chances of receiving a pardon. In conclusion, section 748(4) of the Criminal Code of Canada poses a significant challenge for individuals seeking pardons. However, by approaching the pardon process with a long-term mindset, working closely with legal professionals, addressing any underlying issues, and being truthful and transparent about past actions, individuals can mitigate some of the negative impacts of section 748(4).