Pardon

A pardon is a governmental act that removes some or all of the legal penalties tied to a criminal conviction. Depending on local laws, it can be issued either before or after a conviction occurs. Pardons are often used to correct a miscarriage of justice, freeing someone who was wrongly convicted or given an overly harsh sentence. They can also be granted when a person is seen as having repaid their debt to society. In some places, accepting a pardon may be treated as an admission of guilt, which is why it is sometimes refused. While wrongful convictions are now more commonly overturned through appeals, a pardon may still be offered when innocence is clear, simply to avoid the expense of a new trial. Clemency is especially significant in jurisdictions that have the death penalty.

Pardons can become controversial, particularly when they appear to be political favors. Critics point to their arbitrary nature and the limited accountability of those who grant them.

**Australia**

In Australia, the pardon power is called the royal prerogative of mercy. It is an executive power held by the King and exercised by the governor-general. State governors may also use this broad discretion, acting on advice from the state executive council and attorney general. Australian courts retain their own traditional power to grant mercy when the circumstances of the defendant or offense justify it. Beyond the prerogative of mercy, Australian law provides other ways to seek a pardon, exoneration, reduced sentence, or conditional release.

**Canada**

The Parole Board of Canada (PBC) handles pardon decisions under the Criminal Records Act (CRA). The PBC can issue, grant, deny, or revoke pardons. In 2012, the Safe Streets and Communities Act changed the system, replacing the term "pardon" with "record suspension." A pardon keeps a conviction record separate from other criminal records, helping law-abiding citizens reintegrate into society. The Royal Canadian Mounted Police removes all information about the pardoned conviction from the Canadian Police Information Centre (CPIC). Federal agencies cannot share that information without approval from the minister of public safety. However, a pardon does not erase the fact of the conviction—the record is simply kept apart. It removes disqualifications, such as the ability to contract with the federal government or apply for Canadian citizenship. If a pardoned individual is later convicted of a new offense, the original record may be reactivated in CPIC. A pardon does not guarantee entry or visa privileges to another country; travelers must check with that country’s authorities. Processing a pardon typically takes six months for a summary offense and twelve months for an indictable offense. If the Parole Board plans to deny the application, processing can take 24 months. Individuals may apply if they were convicted as an adult of a criminal offense in Canada, an offense under a federal act or regulation, or a crime in another country and transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act. Non-Canadian citizens are not eligible unless they were convicted in Canada. To be eligible, individuals must have completed all sentences and a waiting period. Sentences are considered complete when all fines, surcharges, costs, restitution, and compensation orders are paid; all imprisonment, conditional sentences, parole, or statutory release are served; and any probation order is finished. Before 2012, after completing sentences, the waiting periods were: three years for summary convictions under the Criminal Code or other federal act (except sexual crimes against children); three years under the National Defence Act if fined $2,000 or less, detained or imprisoned six months or less, or given lesser punishments for a service offense; five years for indictable convictions under the Criminal Code or other federal act, and summary convictions for sexual crimes against children; five years for all convictions of a Canadian offender transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act; five years under the National Defence Act if fined more than $2,000, detained or imprisoned more than six months, or dismissed from service; and ten years for indictable convictions for sexual crimes against children and criminals receiving more than two years of imprisonment for a "serious personal injury offence" such as manslaughter.