section 748(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows the Crown to grant mercy to those imprisoned under an Act of Parliament, even if the imprisonment is due to failure to pay someone else.

SECTION WORDING

748(1) Her Majesty may extend the royal mercy to a person who is sentenced to imprisonment under the authority of an Act of Parliament, even if the person is imprisoned for failure to pay money to another person.

EXPLANATION

Section 748(1) of the Criminal Code of Canada gives the power to the Queen or the Governor-General to grant a pardon or reduce a sentence to a person who is convicted of an offense and is imprisoned under the authority of an Act of Parliament. This section gives the Crown the power to show mercy to a person even if they are sentenced to imprisonment for failure to pay money. The purpose of this section is to provide an avenue for mercy for those who are convicted, and sentenced to imprisonment. It allows the Crown to review cases and apply leniency where appropriate. This section also recognizes that some individuals might be in the situation not because of wrongdoing but due to financial difficulties beyond their control. Thus, it represents an attempt to balance the need to punish offenders with the need to maintain a humane and just criminal justice system. This section represents one way in which the Canadian legal system ensures that justice is not administered in a rigid or inflexible manner. It allows for consideration of individual factors that may have contributed to the commission of an offense or the inability to pay fines. Moreover, it recognizes the importance of rehabilitation and reintegration of offenders back into society as one of the main goals of the criminal justice system. Overall, this section of the Criminal Code of Canada serves to ensure fairness, justice, and mercy for all Canadians.

COMMENTARY

Section 748(1) of the Criminal Code of Canada is an important provision that empowers Her Majesty to extend the royal mercy to individuals who are serving sentences of imprisonment under Acts of Parliament, including those who are incarcerated for failing to pay money to others. This provision reflects the humane and compassionate nature of Canada's criminal justice system, which recognizes that not all offenders are equally culpable and that not all forms of punishment are equally effective or appropriate. The royal mercy, also known as the royal prerogative of mercy, is a historical power that derives from the Crown's authority as the ultimate source of justice in the country. It allows the monarch, acting on the advice of the Minister of Justice, to grant pardons, commutations, and reprieves to individuals who have been convicted of crimes and are serving sentences of imprisonment. The royal mercy is a discretionary power, meaning that the decision to grant or withhold it lies solely with the Crown and its advisers. The purpose of the royal mercy is to recognize and respond to cases where the application of the law has resulted in an unjust or disproportionate outcome, or where there are compelling reasons to mitigate the severity of a sentence. This can be due to a wide range of factors, such as the offender's age, mental state, health, family circumstances, or previous criminal record. In some cases, it may also be because the offender has been punished enough, or because the punishment is causing undue hardship to the offender or their dependents. One of the unique features of section 748(1) is that it specifically allows for the royal mercy to be extended to individuals who are imprisoned for non-payment of debts or court fines. This is significant because, under normal circumstances, failure to pay a court-ordered debt or fine can result in imprisonment, even if the offender did not commit a criminal offence. This can create a perverse situation in which individuals who are already struggling financially or experiencing other forms of hardship can be further punished for their inability to pay. By allowing for the royal mercy to be available in these cases, section 748(1) provides a safety valve that can help prevent excessive punishment and the perpetuation of poverty traps. In practice, the royal mercy is usually granted in exceptional circumstances, and not as a routine matter. The process of applying for royal mercy involves a rigorous and lengthy assessment by the National Parole Board or a specialized advisory committee, which considers the offender's case in detail and makes a recommendation to the Minister of Justice. The Minister then advises the Governor General on whether to grant or withhold the royal mercy, taking into account the advice of the experts and any other relevant factors. Overall, section 748(1) is an important provision that helps ensure that Canada's justice system remains fair, just, and compassionate. By providing for the royal mercy to be extended to offenders who are serving sentences of imprisonment, it allows for a measure of flexibility and discretion in the application of the law, and helps to alleviate some of the harsher consequences of punishment. While it is not a panacea for all cases of injustice or hardship, the royal mercy remains an essential safeguard against excessive or unfair punishment, and a testament to Canada's commitment to values of mercy, compassion, and human dignity.

STRATEGY

Section 748(1) of the Criminal Code of Canada provides an avenue for those who are sentenced to imprisonment under an Act of Parliament to receive royal mercy from the Queen. This power allows the Queen, through the Governor-General, to grant pardons, commutations, and other forms of official mercy to a prisoner. Strategic Considerations: There are several strategic considerations that must be taken into account when dealing with section 748(1) of the Criminal Code of Canada. These include: 1. Understanding the grounds for royal mercy: The grounds for granting royal mercy are not explicitly mentioned in the Criminal Code. However, it is generally granted on the basis of mercy, compassion, and humanity. Therefore, when seeking royal mercy, it is important to present a compelling case that demonstrates that you deserve leniency. 2. Timing: In some cases, it may be more advantageous to apply for royal mercy after serving some time in prison. The reason for this is that it demonstrates that you have accepted responsibility for your actions and have made efforts to rehabilitate yourself. This can be seen as a mitigating factor in your case, making it more likely that you will receive mercy. 3. The role of the victim: Under section 748(1) of the Criminal Code of Canada, the victim of the crime has the right to be notified of any application for royal mercy. Therefore, it is essential to consider the victim's rights when applying for mercy. In some cases, involving the victim in the process may help to mitigate their opposition and increase the chances of success. 4. Background checks: The process of applying for royal mercy involves a rigorous background check. Therefore, before making an application, it is important to ensure that all required documents are in order, and any mitigating factors are adequately addressed. Strategic Approaches: There are several strategies that can be employed when seeking royal mercy under section 748(1) of the Criminal Code of Canada. These include: 1. Collaboration with a skilled criminal defence lawyer: One of the most effective strategies for obtaining royal mercy is to work with a skilled criminal defence lawyer. They can help you to prepare a strong application that is in line with the grounds for mercy. They can also represent you during the hearing process and advocate on your behalf. 2. Seeking the support of community groups or prominent individuals: In some cases, seeking the support of community groups or prominent individuals can help to increase the chances of mercy. These groups and persons can vouch for your character and demonstrate that you are a valuable member of society. 3. Demonstrating rehabilitation: Rehabilitation is one of the main factors that the Governor-General considers when granting mercy. Therefore, it is important to present evidence that you have taken steps to improve yourself while in prison. This can include education and vocational training programs, counselling, and participation in community service initiatives. 4. Appealing to public sentiment: In certain cases, appealing to public sentiment through media coverage, online petitions, or protests can help to increase the public's awareness of your situation and demonstrate the need for mercy. Conclusion: In conclusion, section 748(1) of the Criminal Code of Canada provides an important avenue for seeking royal mercy for individuals imprisoned under an Act of Parliament. However, it requires strategic consideration and careful planning to maximize the chances of success. By understanding the grounds for mercy, considering the interests of the victim, and employing the right strategies, individuals can increase their chances of receiving mercy and moving forward with their lives.