Pardon Me? How a Typo in a Case Report Broke the Law on Pardons

Abstract

This paper identifies an error in a 1977 case report that created a false judicial discretion in the sentencing of persons with pardoned criminal offences on their records. The error resulted in the exercise of the false discretion in reported judgments and a false rule that was promulgated throughout the legal literature. It arguably contributed to the decline in the potency of the Canadian pardon that occurred afterward. Potential remedies are discussed and an image of the original judgment is provided for future citation.