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Executive clemency


A pardon is a government decision to allow a person who has been convicted of a crime to be free and absolved of that conviction, as if he or she were never convicted.

Today, pardons are granted in many countries when individuals have demonstrated that they have paid their debt to society, or are otherwise considered to be deserving of them. Pardons are sometimes offered to persons who were either wrongfully convicted or who claim that they were wrongfully convicted. In some jurisdictions, accepting a pardon implicitly constitutes an admission of guilt (see Burdick v. United States in the United States), the offer is refused in some cases. Cases of wrongful conviction are nowadays more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a very important role when capital punishment is applied.

The Parole Board of Canada (PBC) is the federal agency responsible for making pardon decisions under the Criminal Records Act (CRA). Under the CRA, the PBC can issue, grant, deny, and revoke pardons.

In 2012, the Parliament of Canada passed the Safe Streets and Communities Act, which changed a number of elements regarding the criminal justice system. The Act replaced the term "pardon" with "record suspension", and the pardon system was similarly changed.

A pardon keeps a judicial record of a conviction separate and apart from other criminal records, and gives law-abiding citizens an opportunity to reintegrate into Canadian society.

The CRA removes all information about the conviction for which an individual received the pardon from the Canadian Police Information Centre (CPIC). Federal agencies cannot give out information about the conviction without approval from the Minister of Public Safety Canada.


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