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Royal Prerogative of Mercy in Canada

What is Mercy of Prerogative?

Normally you can apply to have your record sealed with a Canadian Pardon (now called Record Suspension) after you have met all eligibility criteria. But, if you have not met all eligibility criteria, you may be able apply to have your criminal record kept separate and apart from other criminal records prior to Pardon Eligibility (now called Record Suspension) using an application process called Royal Prerogative of Mercy.

Record Suspensions are granted by the Parole Board of Canada. Royal Prerogative of Mercy is granted by the Governor General or the Federal Cabinet (the Harper Government at the time of the writing of this blog).

But, what happens in a case when the laws change? What happens if what you did is no longer considered a criminal act? In rare cases involving justice, humanity and compassion, a pardon can be granted under Mercy of Prerogative Legislation.

Number of Mercy of Prerogative Cases Granted

Only 9 out of 210 applications were granted in the past 9 years. That is only 4% of all applications submitted. Mercy of Prerogative is rarely exercised.

It would be difficult to assess whether the powers of the government to grant pardons under Mercy of Prerogative Legislation has been abused because, for the most part, the granting and refusing of Royal Prerogative of Mercy applications is generally kept private, because these applications involve private persons whose application are protected under Privacy Legislation.

The Harper Government recently and publicly announced the granting of pardons to farmers; something which deserves favorable mention.

Dismantling of the Wheat Board Monopoly

Laws giving the Wheat Board a monopoly in Canada over wheat trade were recently dismantled. As these laws governing the Wheat Board no longer exist, farmers are allowed to sell their wheat to whomever they want. Since it is no longer illegal to sell to whomever they want, any farmer convicted under the olds laws were automatically issued a pardon by the Harper Government.

Fortunately for the farmers, they did not have to make an application to the Federal Government to have their records pardoned. Sensibly, the Federal Government recognized that the laws were unfair, and on that basis, automatically issued pardons.

This was a great political move by the Harper Government, for which they received a great deal of press, both good and bad. Similarly, a move has been made by the Quebec Government to have the RCMP remove from their criminal database records of convictions related to the Gun Registry which is being dismantled.

How does this relate to pardons? It would appear that pardons did not necessarily have to be granted by the Harper Government. Wheat Board-related convictions could simply have been purged or removed from the RCMP database. However, the public gesture was well received by the farmers in recognition that their behavior should not be deemed criminal and in no way should their actions reflect upon them negatively in any way. In fact, their challenge of unfair trade practices is something to be respected.

Deborah L. Ward, President of the Canadian Legal Resource Centre Inc., is Canada’s leading Pardon (now called Record Suspension) and United States Waiver Expert. She has 24 years experience processing over 5,000 applications. She assists Canadians (a) seal their criminal record with a Canadian Pardon; (b) gain legal entry to the United States with a Waiver of Inadmissibility; and (c) provides on-site ink and digital fingerprinting services. Her company has won the Consumer Choice Awards 7 years in a row–voted #1 Paralegal Company by consumers and businesses. She is RCMP accredited and is owns one of the longest running Paralegal Companies in Canada. For further details on Pardons (now called Record Suspensions) and Waivers, check out http://www.canadianlegal.org

Article Source:
http://EzineArticles.com/?expert=Debbie_L_Ward

Bongs: The Review

So yeah reviewin’ my bongs preppin for the special LA Con episode might of said too much or not? Ok well here we go. Glass! Black Leaf aka Dragon: A- High Science aka HiSi: A+ kk love you all stay high! Also PS! Free Marc Emery. Us American citizens should help out our brothers of the north, because a brother of our medical community was extradited not too long ago. We should inform our president, and representatives of our states to pardon this man because the way we retrieved him was wrong and illegal. The laws of extradition clearly states that the punishments should be equal in each country for the process to go through. In Canada the fine of selling seeds is 0, in America god knows how many legal fees he’s had to pay, plus he’s facing 30 years to life in prison. Help free Marc, and stop the prohibition. Visit CannabisCulture.com for more info.

Question by : US citizen marrying a Canadian citizen?
I am a US citizen and I just got back from Canada where I was visiting my fiance. He is in process of obtaining pardon and waiver to come to the states with me and our daughter who is 5yrs old. Do we have to file for a fiance visa before going any farther with this? OR can he come down, get married and just file for a spousal visa and just skip the fiance visa part? He would also like to be able to work here also. If we get married would he be able to stay here with me and our daughter and just file the spousal visa and work visa without him having to go back? If we can do it that way then would anyone know about how long and how much this is all going to be?

Best answer:

Answer by roberto_1977
I am afraid you need to file all kind of paperworks, he needs a Fiancee visa to come here, when he gets here he has to marry you within 30 days since the arrival…..then there are different forms which you 2 have to apply… I-485, I-130,I-765 work permit.
You can find more information in this link :

www.uscis.gov

Add your own answer in the comments!
Speaker's Corner: A lawyer's call for a fairer, more transparent law society
The last point raises the question about the need for a review process for a pardon or a record suspension. Why should licensees not have an … William Trudell is a Toronto lawyer and chairman of the Canadian Council of Criminal Defence Lawyers.
Read more on Law Times

What are you still doing here go on over to SmokeyFrog420’s channel and say wuddup from me :p Also PS! Free Marc Emery. Us American citizens should help out our brothers of the north, because a brother of our medical community was extradited not too long ago. We should inform our president, and representatives of our states to pardon this man because the way we retrieved him was wrong and illegal. The laws of extradition clearly states that the punishments should be equal in each country for the process to go through. In Canada the fine of selling seeds is 0, in America god knows how many legal fees he’s had to pay, plus he’s facing 30 years to life in prison. Help free Marc, and stop the prohibition. Visit CannabisCulture.com for more info.

Related Canadian Pardon Process Articles

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40 Responses to “Royal Prerogative of Mercy in Canada”

  • aznpatrik00:

    that is an awesome bubbler, hahahaha

  • metalf919:

    zion i remix. dope. thumbs up

  • ListenToRandom:

    whats the name of that beautiful dubstep? hearing it while vaping is the shittttttttt

  • BoricuaBoxer7:

    Of course fam of course…let me know bruh….got some purple trainwreck right now…finna go back up to the mountains wit my people and re up on some new stuff…

  • Dahfonz:

    Meant to say the one after that one, the other one had no music I think besides the intro lol. The new vid will have a really sweet favorite track, and we’ll see about the review I’ve got another one in the works right now I just don’t want to set too many up and not be able to meet all of them you know.

  • BoricuaBoxer7:

    i already seent the next one…lol…oh and lowkey…i want a collab…christmas special? or Bday Special cuz my bday is on dec 10…me n my boys are growers so let me kno =)

  • Dahfonz:

    Dude just wait for the next one :p

  • BoricuaBoxer7:

    the beat to this song is sick!!

  • moukiful:

    Nice video bro, wish i was there smokin that shit with u…….. oh and btw whats that song played during the second half ?

  • SmokeyFrog420:

    I get all of my glass from local shops, there are allot of them here in Vancouver, B.C.

  • MAGICC954:

    Where do you buy bongs and that cool amazing bowl (the black one)?

  • xGeorgex17:

    Smoking to someone that is smoking is always amazoinggggggggggggggggggggggg

  • radspiderjackson:

    fantastic bubbler, reminds me i need a new piece

  • alaskamanify:

    weeeeew! thank you voters!!!!

  • Arctic L:

    I came down to the united states from Canada in Dec 2007. I came as a “visitor”. In reality, I just came down to marry my fiance; however, you can not tell the border this or else they will not let you cross. They will make him wait in Canada and you’ll have to file for the fiance visa.
    If he comes to “visit” and then you get married while he’s already in the states, they can’t kick him out.

    I don’t know what that other guy is talking about though because you do not have to get married within 30 days. I came in December, and we got married at the end of March. Unless it’s different rules in different states, which I highly doubt, the 30 day marriage rule is irrelevant. There are TONS of forms to file and it will be a pain!

    Any visitor has 6 months to “visit” in the states before he has to leave. If he comes to visit, then yes he can stay with you through the entire process, but you have to start the process before his 6 month visitation period is up. After 6 months, he starts to accrue “bad time” in the states, which looks bad for the immgration process. But once he is here, you can definitely get married and file together.

    With ours, we filed for an adjustment of status. Once we filed, I had “no status” and I am not allowed to leave the united states until our case is approved. If I leave, I will not be allowed back for either 3 years, or forever! They are REALLY strict. Even if you have wedding, or funeral….you probably won’t be allowed to go. (There is a “request for travel” document requesting permission to leave the states, but that takes 60 to 90 days to process. We filed it, but it took too long and I missed my brother’s wedding).

    Once we filed, it took a little less than a month for them to send “receipts” stating “notice of action”, then two weeks later we got our appointment for the Biometrics (finger printing). Now we are just waiting.

    Sorry I do not have a specific time fram as to how long it will take; we are still in the process (my Biometrics appointment was actually this morning).

    It cost us almost 1,500.00 to file everything. But we also filed for a work visa, which is not mandatory. Keep in mind though, if you do file for it, it takes 60 to 90 to process just the request. (and that’s 60 to 90 days from the date of your receipts****not the date you filed). We did not know this information until we got our receipts.

    Good luck to you both!! Again, don’t forget, we’re doing the “adjustment of status”, but I don’t think it would be much different from what you’re doing.

    Your husband can come to the US though to get married, but do not tell the border that! Tell them he’s just going to visit!! But once he’s there, just get married and start the process!

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