According to the Parole Board of Canada itself

According to the Parole Board of Canada itself, the royal pardon is “a largely unfettered, discretionary power vested in the Governor General,” who in turn is managed by the Federal Cabinet. It can be seen that the process of granting royal pardon is kind of strict whereby in Canada, there is another pardon called Record Suspension. If a person is deemed to be ineligible for Record Suspension or the application has been refused, it is high likely that person will not be eligible for the royal pardon (Royal Prerogative of Mercy). This means that the eligibility of a person to apply for royal pardon is strictly guided.
As discussed before, royal pardon in Canada consists of two types of pardon which are free and conditional pardon. In addition to the guiding principles which act as a guide to the Parole Board of Canada in assessing the merits of pardon applications, each form of relief which are free and conditional pardon especially is a assessed with some specific criteria. This shows that the eligibility of a person to apply for certain type of pardon has been laid down. These criterias has been stated in the Royal Prerogative Mercy of Ministerial Guidelines by the Government of Canada.
The only criteria for the application of free pardon to be assess is the innocence of the person that has been convicted. This means for a free pardon to be processed, the applicant must have exhausted all alternative remedies available under the Criminal Code or other respective legislation. The applicant must also provide new evidence that is not presented before the court at the time conviction is registered or during the process of appeal to show innocence. The respective authority who will grant free pardon would be Governor in Council and Governor General.
The next type of pardon that can be granted is conditional pardon. For conditional pardon, the eligibility for a person to apply has been laid down prior to eligibility provided under the Corrections and Conditional Release Act (CCRA). For a conditional pardon to be granted under the eligibility provided in CCRA, the convicted person must not be eligible for any other form of release under the CCRA. The release should also not put the society at risk if the offender re-offend in any manner. Furthermore, there must be the existence of substantial evidence of excessive and substantial injustice or unjustified hardship that would be out of proportion to the nature. The seriousness of the offense and the result of the consequences that is more severe than other individuals in such similar situations should also exist and be taken into consideration. The authority to grant conditional pardon would be as the same as free pardon which are Governor in Council and Governor General.
These criterias had strengthen the view that for the granting of royal pardon, it is strictly required for the applicant to have follow the requirement and if not followed, royal pardon will not be granted. Thus, it is important to follow the criterias and guidelines provided as royal pardon can be seen to be rarely given which makes it more difficult for an applicant to be granted royal pardon if it is not followed.
Through the discussion of Chapter 2 and Chapter 3, it can be seen that the pardon system of Malaysia and Canada have similarities and differences in various aspects, such as the person who has power to grant pardon, the existence of guidelines or laws govern the system, and also the eligibility of person in applying for pardon.
In aspect of person who has the power to grant pardon, in Canada, the power to grant pardon is delegated from the Queen to the Governor General, who will then act as the representative of the Queen. The power give is stated in section 748 of the Criminal Code, where the Governor in Council, or better known as Governor General may grant free or conditional pardon to those who applied for pardon. The Governor General will only grant pardon after receiving advice from the Minister of Public Safety and Emergency Preparedness Canada, or any one of other ministers. This is in contrast with the power of YDPA in Malaysia, where it is unclear whether or not the YDPA must follow the advice of Pardons Board. In Canada, it is clearly stated in the Letters Pattern that the Governor General or Governor in Council must act in accordance. to the advice of the Minister of Public Safety and Emergency Preparedness Canada, or any other minister.
In Canada, the application for pardon is not served directly to the Governor General , who has the power to grant pardon, but it is to be served to the Parole Board of Canada, who will then determine whether or not such application should be passed. The Parole Board of Canada will review the application made, and will send the it to the federal general solicitor for the consideration of the cabinet. In contrast to the position in Malaysia, as discussed in the previous chapter, it can be seen that in Canada, the theory and reality to whom the application is served is in line with each other.
There is no eligibility for waiting period provided for those who wish to apply for the royal pardon. The eligibility of waiting period is only applicable for those who wish to apply for record suspensions. Even though there is no waiting period, the standards and requirements that has to be met is much more higher compared to the requirements for record suspensions. The royal pardon could only be granted in certain circumstances, which are most likely, hard to be met.
In determining whether the pardon should be granted or not, the Parole Board of Canada would conduct several investigations based on the general guidelines that must be followed. This is to ensure that the pardon granted is based on very exceptional circumstances and all the requirements have been met. In circumstances where the application made was rejected, an appeal may be made. The convicted person or any person acting on his behalf may send a notice within two months after the decision made, in written form, stating the ground of appeal together with relevant documents to the Parole Board. The appeal will later be conducted by way of file review. This is in contrast to the system in Malaysia, where the decision made by the YDPA cannot be challenged. Even though it is not stated that whether the decision made by the Governor General or Governor in Council. However, based on the facts mentioned above, it can be seen that the decision made by the Parole Board of Canada in rejecting the application can be challenged. It can also be seen that the application can be made by the person convicted himself or any other person acting on his behalf. Usually, the application is made by the convicted person himself.
It must be noted that even though the application can be made by any person acting on behalf of the convicted person, the reasons for the pardon to be granted must be solely because the conviction caused an extreme hardship to the convicted person himself, not any other person.
According to the Parole Board of Canada itself, the royal pardon is “a largely unfettered, discretionary power vested in the Governor General,” who in turn is managed by the Federal Cabinet. It can be seen that the process of granting royal pardon is kind of strict whereby in Canada, there is another pardon called Record Suspension. If a person is deemed to be ineligible for Record Suspension or the application has been refused, it is high likely that person will not be eligible for the royal pardon (Royal Prerogative of Mercy). This means that the eligibility of a person to apply for royal pardon is strictly guided.
As discussed before, royal pardon in Canada consists of two types of pardon which are free and conditional pardon. In addition to the guiding principles which act as a guide to the Parole Board of Canada in assessing the merits of pardon applications, each form of relief which are free and conditional pardon especially is a assessed with some specific criteria. This shows that the eligibility of a person to apply for certain type of pardon has been laid down. These criterias has been stated in the Royal Prerogative Mercy of Ministerial Guidelines by the Government of Canada.
The only criteria for the application of free pardon to be assess is the innocence of the person that has been convicted. This means for a free pardon to be processed, the applicant must have exhausted all alternative remedies available under the Criminal Code or other respective legislation. The applicant must also provide new evidence that is not presented before the court at the time conviction is registered or during the process of appeal to show innocence. The respective authority who will grant free pardon would be Governor in Council and Governor General.
The next type of pardon that can be granted is conditional pardon. For conditional pardon, the eligibility for a person to apply has been laid down prior to eligibility provided under the Corrections and Conditional Release Act (CCRA). For a conditional pardon to be granted under the eligibility provided in CCRA, the convicted person must not be eligible for any other form of release under the CCRA. The release should also not put the society at risk if the offender re-offend in any manner. Furthermore, there must be the existence of substantial evidence of excessive and substantial injustice or unjustified hardship that would be out of proportion to the nature. The seriousness of the offense and the result of the consequences that is more severe than other individuals in such similar situations should also exist and be taken into consideration. The authority to grant conditional pardon would be as the same as free pardon which are Governor in Council and Governor General.
These criterias had strengthen the view that for the granting of royal pardon, it is strictly required for the applicant to have follow the requirement and if not followed, royal pardon will not be granted. Thus, it is important to follow the criterias and guidelines provided as royal pardon can be seen to be rarely given which makes it more difficult for an applicant to be granted royal pardon if it is not followed.
Through the discussion of Chapter 2 and Chapter 3, it can be seen that the pardon system of Malaysia and Canada have similarities and differences in various aspects, such as the person who has power to grant pardon, the existence of guidelines or laws govern the system, and also the eligibility of person in applying for pardon.
In aspect of person who has the power to grant pardon, in Canada, the power to grant pardon is delegated from the Queen to the Governor General, who will then act as the representative of the Queen. The power give is stated in section 748 of the Criminal Code, where the Governor in Council, or better known as Governor General may grant free or conditional pardon to those who applied for pardon. The Governor General will only grant pardon after receiving advice from the Minister of Public Safety and Emergency Preparedness Canada, or any one of other ministers. This is in contrast with the power of YDPA in Malaysia, where it is unclear whether or not the YDPA must follow the advice of Pardons Board. In Canada, it is clearly stated in the Letters Pattern that the Governor General or Governor in Council must act in accordance. to the advice of the Minister of Public Safety and Emergency Preparedness Canada, or any other minister.
In Canada, the application for pardon is not served directly to the Governor General , who has the power to grant pardon, but it is to be served to the Parole Board of Canada, who will then determine whether or not such application should be passed. The Parole Board of Canada will review the application made, and will send the it to the federal general solicitor for the consideration of the cabinet. In contrast to the position in Malaysia, as discussed in the previous chapter, it can be seen that in Canada, the theory and reality to whom the application is served is in line with each other.
There is no eligibility for waiting period provided for those who wish to apply for the royal pardon. The eligibility of waiting period is only applicable for those who wish to apply for record suspensions. Even though there is no waiting period, the standards and requirements that has to be met is much more higher compared to the requirements for record suspensions. The royal pardon could only be granted in certain circumstances, which are most likely, hard to be met.
In determining whether the pardon should be granted or not, the Parole Board of Canada would conduct several investigations based on the general guidelines that must be followed. This is to ensure that the pardon granted is based on very exceptional circumstances and all the requirements have been met. In circumstances where the application made was rejected, an appeal may be made. The convicted person or any person acting on his behalf may send a notice within two months after the decision made, in written form, stating the ground of appeal together with relevant documents to the Parole Board. The appeal will later be conducted by way of file review. This is in contrast to the system in Malaysia, where the decision made by the YDPA cannot be challenged. Even though it is not stated that whether the decision made by the Governor General or Governor in Council. However, based on the facts mentioned above, it can be seen that the decision made by the Parole Board of Canada in rejecting the application can be challenged. It can also be seen that the application can be made by the person convicted himself or any other person acting on his behalf. Usually, the application is made by the convicted person himself.
It must be noted that even though the application can be made by any person acting on behalf of the convicted person, the reasons for the pardon to be granted must be solely because the conviction caused an extreme hardship to the convicted person himself, not any other person.

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