Chickens Secondary Header
prettylink
728x90 header

Posts Tagged ‘Mercy’

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

Canadian Pardons, Clemency, and Royal Prerogative of Mercy

Canadians who have completed their sentences after having been convicted of a criminal offense can apply for a pardon provided they have demonstrated they have been law-abiding citizens ever since. In special circumstances the Governor General can also grant clemency if there is new evidence of innocence or other reason to remove records or sentences.

It’s normal to hear declarations of protest from anyone who has been convicted of a crime. The old joke is that the prisons are full of innocent people. Unfortunately there have been many wrongful convictions over the years due to bad evidence or over-zealous police looking for somebody to arrest. Before the advent of DNA evidence there was no sure-fire way to eliminate suspects based on unimpeachable scientific analysis of hair, bodily fluids, and skin cells. Many innocent people were executed over the years and it was considered simply the sad cost of doing business in the justice system. This article discusses some of the high-profile Canadian cases and offers insight into some of the safeguards to exonerate those who have been wrongly convicted.

Perhaps the most shocking trial was that of Steven Truscott in 1959. He was tried as an adult, convicted, and sentenced to hang at the age of 14 for the rape-murder of 12-year old classmate Lynne Harper. His death sentence was commuted to life imprisonment after four months on death row facing the gallows and he was paroled in 1969 after considerable public outcry over the circumstantial case. His conviction was later deemed a miscarriage of justice and he received $ 6.5 million in compensation in 2008.

Donald Marshall Jr. of Sydney, Nova Scotia was 17 years old he received a life sentence for the murder of his friend Sandy Seale. He was released after 10 years when someone else confessed to the crime. Fortunately for many wrongfully convicted murder suspects, the death sentence has not existed in Canada for many years. One can only imagine how many innocent people were hanged in those days before the truth could come out using modern forensic evidence.

David Milgaard, Guy Paul Morin, William Mullins-Johnson, James Driskell, and Thomas Sophonow were other convicted murderers proven later to be innocent and given millions in government compensation to make up for decades spent behind bars. Some were acquitted upon appeal and others were granted special clemency by the Governor General, representing the Canadian Cabinet.

Regular Canadian pardons are granted after a waiting period and a successful application by a person who has served all the conditions of a conviction such as a jail sentence, fine, and probation. The waiting period for indictable offences is currently five years and may be increased to ten years if and when Bill C-23 is passed.

When the Criminal Code cannot provide further appeals options, there is the possibility of clemency. The Royal Prerogative of Mercy is exercised by the Governor General or the Cabinet (Governor in Council) where clemency can be granted upon recommendation from the Minister of Public Safety or at least one other minister. The most absolute is the Free Pardon. This is based on proven innocence; it recognizes that the conviction was in error from the beginning. Next there is a Conditional Pardon where a pardon or a parole is granted in advance of the eligibility date. The Conditional Pardon rules can also set aside any fines and penalties levied.

As you might expect, only the exceptionally deserving cases are considered for the Royal Prerogative of Mercy. There has to be strong evidence of injustice and hardship, the applicant must have exhausted all other avenues for appeal, and there must be considerations where compassion, justice, and humanity would override the normal administration of justice. The decision made involving clemency cannot increase any penalty of the applicant so there is no double-edged sword to further punish anyone applying for clemency.

 

Pat Boardman is an SEO Consultant writing in regards to Assured Pardons who help those with criminal records get a pardon, U.S. entry waivers, and to help with criminal record destruction to clear arrest records.

416-962-2623 / 1-866-760-2623 www.immigroup.com pbc-clcc.gc.ca Q: How can I get my Criminal Record when applying for a Canadian Pardon? A: In order to get your Criminal Record, you need to have you fingerprints taken on a Fingerprint Form at your local Police Station or authorized fingerprinting service. The fingerprint form must clearly show that you’re applying for a Pardon. Fill out a bank draft, a money order or a cheque for , make it payable to the Receiver General for Canada, and send it along with the Fingerprint form to the Royal Canadian Mounted Police’ Civil Fingerprint Screening office in Ottawa. They will send you your Criminal Record or a Certification of No Criminal Record. Make sure all your convictions are listed in your Criminal Record. “If you notice this video contains information that is out of date or incorrect, please post a comment below or please email us at info@immigroup.com so we can correct the information. We appreciate your feedback.”
Video Rating: 0 / 5

Question by : How can an American Citizen obtain a Pardon from the Canadian Government?
I’m an American Citizen living in New York State.I want to visit Canada cause it’s so close & seems fun.I tried to go to Canada in January 2008 at the Peace Bridge in Buffalo.Unfortunately,they would not let me in cause when I was 21 I got arrested for eating grapes in a grocery store.(I’m serious) & this came up & they would not let me in.They said I could ask for a Pardon from the Canadian government.How do I do go about this?Keep in mind I’m an American citizen,wishing to visit Canada.Is it easier to fly in?

Best answer:

Answer by Jane Marple
You need a pardon from your own government. Canada can’t give you a pardon for something you did outside Canada. Once you get a pardon from the US government you’ll be able to cross over.

Give your answer to this question below!
Due process delayed
Re: "Pardon process faster if higher fee is paid," June 8. … The Criminal Records Act of Canada expressly requires the Parole Board of Canada to process and investigate applications for a record suspension. Administrative tribunals like the parole …
Read more on Calgary Herald

416-962-2623 / 1-866-760-2623 www.immigroup.com pbc-clcc.gc.ca Q: Who do I submit my Canadian Pardon application to? A: Once you gathered all of the documents required, completed all of the forms needed and paid the application processing fee, you have to send your application to the Clemency and Pardon Division of the Parole Board of Canada, located in Ottawa. “If you notice this video contains information that is out of date or incorrect, please post a comment below or please email us at info@immigroup.com so we can correct the information. We appreciate your feedback.”

Canadian Pardons, Clemency, and Royal Prerogative of Mercy

Article by Pat Boardman

Canadians who have completed their sentences after having been convicted of a criminal offence can apply for a pardon provided they have demonstrated they have been law-abiding citizens ever since. In special circumstances the Governor General can also grant clemency if there is new evidence of innocence or other reason to remove records or sentences.

It’s normal to hear declarations of protest from anyone who has been convicted of a crime. The old joke is that the prisons are full of innocent people. Unfortunately there have been many wrongful convictions over the years due to bad evidence or over-zealous police looking for somebody to arrest. Before the advent of DNA evidence there was no sure-fire way to eliminate suspects based on unimpeachable scientific analysis of hair, bodily fluids, and skin cells. Many innocent people were executed over the years and it was considered simply the sad cost of doing business in the justice system. This article discusses some of the high-profile Canadian cases and offers insight into some of the safeguards to exonerate those who have been wrongly convicted.

Perhaps the most shocking trial was that of Steven Truscott in 1959. He was tried as an adult, convicted, and sentenced to hang at the age of 14 for the rape-murder of 12-year old classmate Lynne Harper. His death sentence was commuted to life imprisonment after four months on death row facing the gallows and he was paroled in 1969 after considerable public outcry over the circumstantial case. His conviction was later deemed a miscarriage of justice and he received .5 million in compensation in 2008.

Donald Marshall Jr. of Sydney, Nova Scotia was 17 years old he received a life sentence for the murder of his friend Sandy Seale. He was released after 10 years when someone else confessed to the crime. Fortunately for many wrongfully convicted murder suspects, the death sentence has not existed in Canada for many years. One can only imagine how many innocent people were hanged in those days before the truth could come out using modern forensic evidence.

David Milgaard, Guy Paul Morin, William Mullins-Johnson, James Driskell, and Thomas Sophonow were other convicted murderers proven later to be innocent and given millions in government compensation to make up for decades spent behind bars. Some were acquitted upon appeal and others were granted special clemency by the Governor General, representing the Canadian Cabinet.

Regular Canadian pardons are granted after a waiting period and a successful pardon application by a person who has served all the conditions of a conviction such as a jail sentence, fine, and probation. The waiting period for indictable offences is currently five years and may be increased to ten years if and when Bill C-23 is passed.

When the Criminal Code cannot provide further appeals options, there is the possibility of clemency. The Royal Prerogative of Mercy is exercised by the Governor General or the Cabinet (Governor in Council) where clemency can be granted upon recommendation from the Minister of Public Safety or at least one other minister. The most absolute is the Free Pardon recommendation. This is based on proven innocence; it recognizes that the conviction was in error from the beginning. Next there is a Conditional Pardon where a pardon or a parole is granted in advance of the eligibility date. The Conditional Pardon rules can also set aside any fines and penalties levied.

As you might expect, only the exceptionally deserving cases are considered for the Royal Prerogative of Mercy. There has to be strong evidence of injustice and hardship, the applicant must have exhausted all other avenues for appeal, and there must be considerations where compassion, justice, and humanity would override the normal administration of justice. The decision made involving clemency cannot increase any penalty of the applicant so there is no double-edged sword to further punish anyone applying for clemency.

About the Author

Pat Boardman is an SEO Consultant writing this in regards to Assured Pardons, a National Company with offices in Toronto and Vancouver to assist those with criminal records to obtain a pardon, U.S. entry waivers, and to help with criminal record destruction to clear arrest records where no conviction was entered.

Canadian Pardons, Clemency, and Royal Prerogative of Mercy

www.twitter.com About thirty years ago I was preaching a revival meeting in Kansas City for my couzin, Bob Gilstrap. We were really having a wonderful time, and during testimony service a young man jumped up and started dancing. He stopped for a moment and shouted…”PARDON ME THE HOLY GHOST IS SHOWING” As I remember that young man or someone in the Church took that testimony and started singing something about the HolyGhost is showing. Through the years I thought of that moment many times. About twenty five years ago I remembered all I could and added a few words. My daughters and I were requested to singing it all over the USA and in Canada many times. Through the years I have heard my arrangement on many tapes and records, I have noticed that most of the artists singing this song do not know who the composer is. Well to tell you the truth I don’t remember who wrote some of the song, but I know I wrote part of it, and most people that heard us sing it through the years think I wrote all of it. Now you know the rest of the story… If you receive the Holy Ghost and something makes you get excited and act strange… I give you permission to add some words and record it so the story will continue. God bless Ren Rutledge renrutledge@gmail.com
Video Rating: 4 / 5

Canadians who have completed their sentences after having been convicted of a criminal offense can apply for a pardon provided they have demonstrated they have been law-abiding citizens ever since. In special circumstances the Governor General can also grant clemency if there is new evidence of innocence or other reason to remove records or sentences.

It’s normal to hear declarations of protest from anyone who has been convicted of a crime. The old joke is that the prisons are full of innocent people. Unfortunately there have been many wrongful convictions over the years due to bad evidence or over-zealous police looking for somebody to arrest. Before the advent of DNA evidence there was no sure-fire way to eliminate suspects based on unimpeachable scientific analysis of hair, bodily fluids, and skin cells. Many innocent people were executed over the years and it was considered simply the sad cost of doing business in the justice system. This article discusses some of the high-profile Canadian cases and offers insight into some of the safeguards to exonerate those who have been wrongly convicted.

Perhaps the most shocking trial was that of Steven Truscott in 1959. He was tried as an adult, convicted, and sentenced to hang at the age of 14 for the rape-murder of 12-year old classmate Lynne Harper. His death sentence was commuted to life imprisonment after four months on death row facing the gallows and he was paroled in 1969 after considerable public outcry over the circumstantial case. His conviction was later deemed a miscarriage of justice and he received .5 million in compensation in 2008.

Donald Marshall Jr. of Sydney, Nova Scotia was 17 years old he received a life sentence for the murder of his friend Sandy Seale. He was released after 10 years when someone else confessed to the crime. Fortunately for many wrongfully convicted murder suspects, the death sentence has not existed in Canada for many years. One can only imagine how many innocent people were hanged in those days before the truth could come out using modern forensic evidence.

David Milgaard, Guy Paul Morin, William Mullins-Johnson, James Driskell, and Thomas Sophonow were other convicted murderers proven later to be innocent and given millions in government compensation to make up for decades spent behind bars. Some were acquitted upon appeal and others were granted special clemency by the Governor General, representing the Canadian Cabinet.

Regular Canadian pardons are granted after a waiting period and a successful pardon application by a person who has served all the conditions of a conviction such as a jail sentence, fine, and probation. The waiting period for indictable offences is currently five years and may be increased to ten years if and when Bill C-23 is passed.

When the Criminal Code cannot provide further appeals options, there is the possibility of clemency. The Royal Prerogative of Mercy is exercised

Chickens Secondary Header
prettylink
728x90 header
Search the Site
film contracts
Script to Sales
Chicken Pens and Runs
music-legal
Application Selection
Manfreedkitchen