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Category: Canada Law
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I have a criminal restitution order dating back to 1996, for

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I have a criminal restitution order dating back to 1996, for the amount of 235,000 for defrauding the Royal Bank. I have never been contacted to pay nor have I paid 1 cent. There is no time limit for which to repay. My problem of course is that I cannot apply for a pardon since I have not fulfilled my sentence. This is a big issue as it is preventing me from travel and job advancement. My question is....can I apply to the court to have a criminal restitution waived in lieu of a civil restitution order to then end my sentence?

The criminal code does not give a court any authority to vary or alter a restitution order after it is made. Nor does it allow the court to revoke such an order or make the order effective only as a until judgment. Your only option (other than having a full pardon granted by federal cabinet) is to pay the amount owing.
Customer: replied 4 years ago.

Ty for your reply. Am I correct in the knowledge that a pardon can only be granted when all aspects of the sentence have been completed? In my case the restitution portion has not been fulfilled , thus NO pardon.

Yes, that is correct. A record suspension (formerly called the pardon)can only be granted once all necessary steps to complete the sentence have been completed. That would include the restitution order.

The only other alternative, unfortunately, is to seek a pardon through the federal cabinet. That is extremely unlikely to be granted in such circumstances. There is virtually no chance that the current government would politically want to be seen as granting such a pardon. But the federal cabinet does technically have the power to grant such a pardon, which is separate and outside of the normal rules for a record suspension. So if you were extremely well connected politically, you might have a chance for such a pardon. Your other option is unfortunately to pay in full the amount of the restitution order.
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