The Royal Prerogative of Mercy

The Royal Prerogative of Mercy originates in the ancient power vested in the British monarch who had the absolute right to exercise mercy on any subject.

In Canada, similar powers of executive clemency have been given to the Governor General who, as the Queen's representative, may exercise the Royal Prerogative of Mercy.

It is largely an unfettered discretionary power to apply exceptional remedies, under exceptional circumstances, to deserving cases.

The power to exercise the Royal Prerogative of Mercy for federal offenses is vested in the Governor General of Canada by virtue of the Letters Patent, constituting that office. In practice, the Governor General will grant an act of clemency only after receiving the advice of the Solicitor General of Canada, or that of at least one other minister.

The Governor General may grant two types of pardons, free pardons and conditional pardons, and may also grant respites from the execution of a sentence.

In addition, sentences, as well as fines, penalties or forfeitures "due and payable to the Queen in right of Canada", may be remitted by the Governor General.

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