Department of Justice

ROYAL PREROGATIVE OF MERCY

FACT SHEET

1. What is the Royal Prerogative of Mercy?

It is an umbrella term referring to the Queen's power to grant clemency to convicted offenders. It is a very old power used in rare cases where there is compelling evidence of injustice or hardship for which there is no other remedy.

2. Who exercises this authority in Canada?

Either the Governor General or the Governor in Council (Cabinet). In either case, they act on a recommendation made by the Solicitor General or at least one other Cabinet member.

3. Who is granting clemency in this case?

The Governor General. The Governor General has broader powers than are available to Cabinet under s. 748 of the Criminal Code. One of the forms of clemency being granted in two cases is only available to the Governor General; the other form of clemency in the other two cases is available under the Governor General or Cabinet. Under these circumstances, it was appropriate to keep the remedies together, so they are all being granted under the Governor General's authority.

4. What kinds of clemency are being granted by the Governor General in this case?

Two women are being given a remission of sentence. This means their convictions still stand and they will still have a criminal record, but the remaining portion of their sentences is erased. One year of after-care support is also being made available to these women.

Two other women are being given conditional pardons. Their convictions still stand, but their records will now be sealed and cannot be disclosed by federal authorities other than with the approval of the Solicitor General unless, for example, they go on to be charged with another offence.

One woman's case will be referred to the Manitoba Court of Appeal for review under s. 690 of the Criminal Code. This is separate from the Governor General's clemency authority.