Clemency
The Royal Prerogative of Mercy (RPM) is a monarch’s prerogative exercised in Canada by the Governor General or the Governor in Council.
Clemency is granted in exceptional circumstances in deserving cases involving federal offences, where no other remedy exists in law to reduce severe negative effects of criminal sanctions.
Clemency can be requested for numerous reasons, including employment, perceived inequity, medical conditions, immigration to Canada, compassion and financial hardship.
The Governor General or the Governor in Council grants clemency upon the recommendation of a Minister of the Crown. In most cases it is the Minister of Public Safety who makes the recommendation.
Role of the PBC
Under Section 110 of the Corrections and Conditional Release Act (CCRA), the PBC is authorized to investigate RPM requests for federal offences.
The role of the PBC in clemency cases is to review applications, conduct investigations (at the direction of the Minister of Public Safety), and make recommendations to the Minister regarding whether to grant the clemency request.
Principles used in the RPM decision process
The PBC uses general principles to provide for a fair and equitable process and to ensure that the RPM is granted only in very exceptional and truly deserving cases.
These principles include the following:
- That there must be clear evidence of substantial injustice or undue hardship that includes suffering of a mental, physical and/or financial nature;
- That it must be disproportionate to the nature and seriousness of the offence and the resulting consequences; and,
- That it must be more severe than for other individuals in a similar situation.
Each application is examined on its own merits, solely on the circumstances of the applicant, and may not be considered posthumously. Freedom Canada can assist with applications but can`t guarantee any decision made. We can and will assist you with an appeal process if required.
Criminal Rehabilitation
Who may use this application
This is for applicants who might be considered inadmissible to Canada. It explains under what conditions you can apply to overcome the inadmissibility. Under Canada’s Immigration and Refugee Protection Act, temporary residents and applicants for permanent residence in Canada or visitation may not be able to come to Canada if they have been involved in criminal activity.
Determining inadmissibility
Are you Inadmissible because of past criminal activity?
In general, temporary residents and applicants applying for permanent residence or visitation are considered to be criminally inadmissible if the person:
- was convicted of an offence in Canada;
- was convicted of an offence outside of Canada that is considered a crime in Canada; or
- committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.
Have you been charged, discharged or pardoned?
This section will help you determine if you are inadmissible if you have been charged, discharged or pardoned.
For charges withdrawn or dismissed:
- If the offence occurred in Canada, you are not inadmissible.
- If the offence occurred outside Canada, you may be inadmissible.
For an absolute or conditional discharge:
- If the offenceoccurred in Canada, you arenot inadmissible.
- If the offence occurred outside Canada, you may be inadmissible.
Pardon granted:
- If the offence occurred in Canada, you are not inadmissible if you were pardoned under the Criminal Records Act in Canada.
- If the offence occurred outside Canada, you may be inadmissible.
If you may be inadmissible, you must provide an officer with complete details of all charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.
Note: In order to determine inadmissibility foreign convictions and laws are equated to Canadian laws as if they had occurred in Canada.
At Freedom Canada we have been highly successful in obtaining Criminal Rehabilitations for our clients outside of Canada.
Passports:
Can you help me obtain a valid Canadian Passport?
Yes. Freedom Canada will complete your application to acquire:
- Your first ever Canadian Passport;
- A renewal of your existing Canadian Passport (less than 1-year before expiry)
- A replacement of your lost Passport
- Renewal of expired Passport
Assistance with completion of the following forms
Wills & Power of Attorney
- Last Will and Testament
- Living Will
- Personal Directive
- Power of Attorney
- Revocation of Power of Attorney
Rental/Lease Forms
- Equipment Rental Agreement
- Landlord’s Consent to Lease Assignment
- Landlord’s Consent to Sublease
- Lease Agreement (Commercial)
- Lease Agreement (Residential)
- Lease Amending Agreement
- Lease Assignment Agreement
- Letter of Intent
- Offer To Lease
- Personal Property Rental Agreement
- Rental Agreement (Residential)
- Rental Application (Residential)
- Sublease Agreement (Commercial)
- Sublease Agreement (Residential)
Landlord & Tenant Forms
- Demand for Compliance/Possession
- Eviction Notice
- Lease Notice
- Notice of Intent to Vacate
- Notice of Lease Violation
- Notice of Termination
- Notice to Quit
- Notice to Repair
- Rent Increase Notice
- Residential Rental Inspection Report
Loans, Debt, IOUs
- Amortization Schedule
- Demand Letter
- Financial Statement (Personal)
- Hold-Harmless (Indemnity) Agreement
- Loan Agreement
- Personal/Corporate Guarantee
- Promissory Note
- Shareholder Loan Agreement
- Release/Waiver Agreement
Marriage & Divorce
- Prenuptial Agreement
- Separation Agreement
- Living Arrangements
- Cohabitation Agreement
- Common Law Partner Agreement
- Roommate Agreement
Music/Entertainment Forms
- Band Partnership AgreementA Band Partnership Agreement allows two or more individuals or groups to form a general band partnership.
- Model and Entertainment Release
- Music Recording Agreement
- Performance Agreement
Intellectual Property Forms
- Confidentiality Agreement
- EULA
- Non-Disclosure Agreement
- Software License Agreement
- Trade-Mark Assignment
- Trade Name Assignment
Corporate Forms
- Appointment of Shareholder’s Representative
- Business Plan
- Certificate of Incumbency
- Consent to be Director and Officer
- Corporate Seals
- Directors’ Resolution
- Minute Book
- Minute Book Rights of Inspection
- Minutes of Directors’ Meeting
- Minutes of Shareholders’ Meeting
- Purchase of Business Agreement
- Share Certificates
- Share Purchase Agreement
- Share Repurchase Agreement
- Share Subscription
- Shareholder Agreement
- Shareholder Loan Agreement
- Shareholder Proxy
- Shareholders’ Resolution
Goods & Service Related Forms
- Bill of Sale
- Catering Service Agreement
- Cleaning Agreement
- Computer Services Agreement
- Consulting Agreement
- Independent Contractor Agreement
- Invoice Form
- Model and Entertainment Release
- Performance Agreement
- Purchase Order
- Sales Agreement
- Service Agreement
- Share Subscription
Partnership and Joint Venture
- Assignment of Partnership Interest
- Business Plan
- Joint Venture Agreement
- Letter of Intent
- Notice of Withdrawal from Partnership
- Partnership Agreement
- Partnership Amendment
- Purchase of Business Agreement
Human Resources
- Compensation Agreement
- Confidentiality Agreement
- Employee Evaluation
- Employee Warning Letter
- Employment Contract
- Employment Termination
- Non-Disclosure Agreement
- Offer of Employment
Other Forms
- Affidavit
- Affidavit of Execution
- Amending Agreement
- Assignment
- Cease and Desist Letter
- Child Medical Consent
- Child Travel Consent
- Complaint Letter
- Confidentiality Agreement
- Hold-Harmless (Indemnity) Agreement
- Letter of Intent
- Model and Entertainment Release
- Non-Disclosure Agreement
- Termination Agreement
- Release/Waiver Agreement