| 745.
Sentence of life imprisonment - Subject to section 745.1, the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be
|
| (a) |
in
respect of a person who has been convicted of high treason or first degree
murder, that the person be sentenced to imprisonment for life without
eligibility for parole until the person has served twenty-five years of
the sentence; |
| (b) |
in respect of a person who has been convicted of second degree murder
where that person has previously been convicted of culpable homicide that
is murder, however described in this Act, that that person be sentenced
to imprisonment for life without eligibility for parole until the person
has served twenty-five years of the sentence; |
| (b.1) |
in
respect of a person who has been convicted of second degree murder where
that person has previously been convicted of an offence under section
4 or 6 of the Crimes Against Humanity and War Crimes Act that had as its
basis an intentional killing, whether or not it was planned and deliberate,
that that person be sentenced to imprisonment for life without eligibility
for parole until the person has served twenty-five years of the sentence;
|
| (c) |
in respect of a person who has been convicted of second degree murder,
that the person be sentenced to imprisonment for life without eligibility
for parole until the person has served at least ten years of the sentence
or such greater number of years, not being more than twenty-five years,
as has been substituted therefor pursuant to section 745.4; and |
| (d) |
in
respect of a person who has been convicted of any other offence, that
the person be sentenced to imprisonment for life with normal eligibility
for parole. |
| R.S., 1985, c. C-46, s. 745; R.S., 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 14; 1992, c. 51, s. 39; 1995, c. 22, s. 6; 2000, c. 24, s. 46.
|
| |
| 745.01
Information in respect of parole
- Except where subsection 745.6(2) applies, at the time of sentencing under paragraph 745(a), (b) or (c), the judge who presided at the trial of the offender shall state the following, for the record:
|
|
The
offender has been found guilty of (state offence) and sentenced to imprisonment
for life. The offender is not eligible for parole until (state date).
However, after serving at least 15 years of the sentence, the offender
may apply under section 745.6 of the Criminal Code for a reduction in
the number of years of imprisonment without eligibility for parole. If
the jury hearing the application reduces the period of parole ineligibility,
the offender may then make an application for parole under the Corrections
and Conditional Release Act at the end of that reduced period. |
| 1999, c. 25, s. 21(Preamble). |
| |
| 745.1
Persons under eighteen -
The sentence to be pronounced against a person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second degree murder and who is to be sentenced to imprisonment for life shall be that the person be sentenced to imprisonment for life without eligibility for parole until the person has served
|
| (a) |
such
period between five and seven years of the sentence as is specified by
the judge presiding at the trial, or if no period is specified by the
judge presiding at the trial, five years, in the case of a person who
was under the age of sixteen at the time of the commission of the offence; |
| (b) |
ten years, in the case of a person convicted of first degree murder who
was sixteen or seventeen years of age at the time of the commission of
the offence; and |
| (c) |
seven
years, in the case of a person convicted of second degree murder who was
sixteen or seventeen years of age at the time of the commission of the
offence. |
| 1995, c. 22, ss. 6, 21. |
| |
| 745.2
Recommendation by jury - Subject to section 745.3, where a jury finds an accused guilty of second degree murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question:
|
|
You
have found the accused guilty of second degree murder and the law requires
that I now pronounce a sentence of imprisonment for life against the accused.
Do you wish to make any recommendation with respect to the number of years
that the accused must serve before the accused is eligible for release
on parole? You are not required to make any recommendation but if you
do, your recommendation will be considered by me when I am determining
whether I should substitute for the ten year period, which the law would
otherwise require the accused to serve before the accused is eligible
to be considered for release on parole, a number of years that is more
than ten but not more than twenty-five. |
| 1995, c. 22, s. 6.
|
| |
| 745.3
Persons under sixteen
- Where a jury finds an accused guilty of first degree murder or second degree murder and the accused was under the age of sixteen at the time of the commission of the offence, the judge presiding at the trial shall, before discharging the jury, put to them the following question: |
|
You
have found the accused guilty of first degree murder (or second degree
murder) and the law requires that I now pronounce a sentence of imprisonment
for life against the accused. Do you wish to make any recommendation with
respect to the period of imprisonment that the accused must serve before
the accused is eligible for release on parole? You are not required to
make any recommendation but if you do, your recommendation will be considered
by me when I am determining the period of imprisonment that is between
five years and seven years that the law would require the accused to serve
before the accused is eligible to be considered for release on parole. |
| 1995, c. 22, ss. 6, 22. |
| |
| 745.4 Ineligibility for parole - Subject to section 745.5, at the time of the sentencing under section 745 of an offender who is convicted of second degree murder, the judge who presided at the trial of the offender or, if that judge is unable to do so, any judge of the same court may, having regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and to the recommendation, if any, made pursuant to section 745.2, by order, substitute for ten years a number of years of imprisonment (being more than ten but not more than twenty-five) without eligibility for parole, as the judge deems fit in the circumstances.
|
| 1995, c. 22, s. 6.
|
| |
| 745.5 Idem - At the time of the sentencing under section 745.1 of an offender who is convicted of first degree murder or second degree murder and who was under the age of sixteen at the time of the commission of the offence, the judge who presided at the trial of the offender or, if that judge is unable to do so, any judge of the same court, may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and to the recommendation, if any, made pursuant to section 745.3, by order, decide the period of imprisonment the offender is to serve that is between five years and seven years without eligibility for parole, as the judge deems fit in the circumstances.
|
| 1995, c. 22, ss. 6, 23.
|
| |
| 745.6 (1) Application for judicial review - Subject to subsection (2), a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of imprisonment without eligibility for parole if the person |
| (a) |
has
been convicted of murder or high treason; |
| (b) |
has been sentenced to imprisonment for life without eligibility for parole
until more than fifteen years of their sentence has been served; and |
| (c) |
has
served at least fifteen years of their sentence. |
|
(2) Exception -- multiple murderers - A person who has been convicted of more than one murder may not make an application under subsection (1), whether or not proceedings were commenced in respect of any of the murders before another murder was committed. |
|
(3) Definition of "appropriate Chief Justice" - For the purposes of this section and sections 745.61 to 745.64, the "appropriate Chief Justice" is
|
| (a) |
in
relation to the Province of Ontario, the Chief Justice of the Ontario
Court; |
| (b) |
in relation to the Province of Quebec, the Chief Justice of the Superior
Court; |
| (c) |
in
relation to the Provinces of Prince Edward Island and Newfoundland, the
Chief Justice of the Supreme Court, Trial Division; |
| (d) |
in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan
and Alberta, the Chief Justice of the Court of Queen's Bench; |
| (e) |
in
relation to the Provinces of Nova Scotia and British Columbia, the Chief
Justice of the Supreme Court; and |
| (f) |
in relation to the Yukon Territory, the Northwest Territories and Nunavut,
the Chief Justice of the Court of Appeal thereof. |
| 1993, c. 28, s. 78; 1995, c. 22, s. 6; 1996, c. 34, s. 2; 1998, c. 15, s. 20. |
| |
| 745.61
(1) Judicial screening - On receipt of an
application under subsection 745.6(1), the appropriate Chief Justice shall
determine, or shall designate a judge of the superior court of criminal
jurisdiction to determine, on the basis of the following written material,
whether the applicant has shown, on a balance of probabilities, that there
is a reasonable prospect that the application will succeed: |
| (a) |
the
application; |
| (b) |
any report provided by the Correctional Service of Canada or other correctional
authorities; and |
| (c) |
any
other written evidence presented to the Chief Justice or judge by the
applicant or the Attorney General. |
|
(2) Criteria - In determining whether the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge shall consider the criteria set out in paragraphs 745.63(1)(a) to (e), with such modifications as the circumstances require. |
|
(3) Decision re new application - If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge may |
| (a) |
set
a time, not earlier than two years after the date of the determination,
at or after which another application may be made by the applicant under
subsection 745.6(1); or |
| (b) |
decide that the applicant may not make another application under that
subsection. |
|
(4) Where no decision re new application - If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed but does not set a time for another application or decide that such an application may not be made, the applicant may make another application no earlier than two years after the date of the determination. |
|
(5) Designation of judge to empanel jury - If the Chief Justice or judge determines that the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice shall designate a judge of the superior court of criminal jurisdiction to empanel a jury to hear the application.
|
| 1996, c. 34, s. 2.
|
| |
| 745.62
(1) Appeal
- The applicant or the Attorney General may appeal to the Court of Appeal from a determination or a decision made under section 745.61 on any question of law or fact or mixed law and fact. |
|
(2) Documents to be considered - The appeal shall be determined on the basis of the documents presented to the Chief Justice or judge who made the determination or decision, any reasons for the determination or decision and any other documents that the Court of Appeal requires. |
|
(3) Sections to apply - Sections 673 to 696 apply, with such modifications as the circumstances require.
|
| 1996, c. 34, s. 2. |
| |
| 745.63
(1) Hearing of application - The jury empanelled under subsection 745.61(5) to hear the application shall consider the following criteria and determine whether the applicant's number of years of imprisonment without eligibility for parole ought to be reduced: |
| (a) |
the
character of the applicant; |
| (b) |
the applicant's conduct while serving the sentence; |
| (c) |
the nature of the offence for which the applicant was convicted;
|
| (d) |
any information provided by a victim at the time of the imposition of the sentence or at the time of the hearing under this section; and
|
| (e) |
any other matters that the judge considers relevant in the circumstances. |
|
(1.1) Information provided by victim - Information provided by a victim referred to in paragraph (1)(d) may be provided either orally or in writing, at the discretion of the victim, or in any other manner that the judge considers appropriate. |
|
(2) Definition of "victim" - In paragraph (1)(d), "victim" has the same meaning as in subsection 722(4). |
|
(3) Reduction - The jury hearing an application under subsection (1) may determine that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by unanimous vote. |
|
(4) No reduction - The applicant's number of years of imprisonment without eligibility for parole is not reduced if
|
| (a) |
the
jury hearing an application under subsection (1) determines that the number
of years ought not to be reduced; |
| (b) |
the jury hearing an application under subsection (1) concludes that it cannot unanimously determine that the number of years ought to be reduced; or |
| (c) |
the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to unanimously determine that the number of years ought to be reduced. |
|
(5) Where determination to reduce number of years - If the jury determines that the number of years of imprisonment without eligibility for parole ought to be reduced, the jury may, by a vote of not less than two thirds of the members of the jury, |
| (a) |
substitute a lesser number of years of imprisonment without eligibility for parole than that then applicable; or |
| (b) |
terminate the ineligibility for parole. |
|
(6) Decision re new application - If the applicant's number of years of imprisonment without eligibility for parole is not reduced, the jury may
|
| (a) |
set
a time, not earlier than two years after the date of the determination
or conclusion under subsection (4), at or after which another application
may be made by the applicant under subsection 745.6(1); or |
| (b) |
decide that the applicant may not make another application under that subsection. |
|
(7) Two-thirds decision - The decision of the jury under paragraph (6)(a) or (b) must be made by not less than two thirds of its members. |
|
(8) If no decision re new application - If the jury does not set a date at or after which another application may be made or decide that such an application may not be made, the applicant may make another application no earlier than two years after the date of the determination or conclusion under subsection (4). |
| 1996, c. 34, s. 2; 1999, c. 25, s. 22(Preamble). |
| |
| 745.64
(1) Rules - The appropriate Chief Justice in each province or territory may make such rules as are required for the purposes of sections 745.6 to 745.63. |
|
(2) Territories - When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.61(1) or to empanel a jury to hear an application under subsection 745.61(5), in respect of a conviction that took place in the Yukon Territory, the Northwest Territories or Nunavut, the appropriate Chief Justice may designate the judge from the Court of Appeal of the Yukon Territory, the Northwest Territories or Nunavut, or the Supreme Court of the Yukon Territory or the Northwest Territories or the Nunavut Court of Justice, as the case may be.
|
| 1996, c. 34, s. 2; 1999, c. 3, s. 53. |
| |
| 746.
Time spent in custody - In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4, 745.5 or 745.6, there shall be included any time spent in custody between |
| (a) |
in the case of a sentence of imprisonment for life after July 25, 1976, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to imprisonment for life and the day the sentence was imposed; or |
| (b) |
in the case of a sentence of death that has been or is deemed to have been commuted to a sentence of imprisonment for life, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to death and the day the sentence was commuted or deemed to have been commuted to a sentence of imprisonment for life. |
| R.S., 1985, c. C-46, s. 746; 1995, c. 19, s. 41, c. 22, ss. 6, 24. |
| |
| 746.1
(1) Parole prohibited - Unless Parliament otherwise provides by an enactment making express reference to this section, a person who has been sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act shall not be considered for parole or released pursuant to a grant of parole under the Corrections and Conditional Release Act or any other Act of Parliament until the expiration or termination of the specified number of years of imprisonment. |
|
(2) Absence with or without escort and day parole
- Subject to subsection (3), in respect of a person sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but three years of the specified number of years of imprisonment,
|
| (a) |
no day parole may be granted under the Corrections and Conditional Release Act; |
| (b) |
no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and |
| (c) |
except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner's inquest may be authorized under either of those Acts. |
|
(3) Young offenders - In the case of any person convicted of first degree murder or second degree murder who was under the age of eighteen at the time of the commission of the offence and who is sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but one fifth of the period of imprisonment the person is to serve without eligibility for parole,
|
| (a) |
no day parole may be granted under the Corrections and Conditional Release Act; |
| (b) |
no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and |
| (c) |
except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner's inquest may be authorized under either of those Acts. |
| 1995, c. 22, s. 6, c. 42, s. 87; 1997, c. 17, s. 2. |
| |
| 747.
(1) Parole prohibited - Unless Parliament otherwise provides by an enactment making express reference to this section, a person who has been sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act shall not be considered for parole or released pursuant to a grant of parole under the Corrections and Conditional Release Act or any other Act of Parliament until the expiration or termination of the specified number of years of imprisonment. |
|
(2) Absence with or without escort and day parole - Subject to subsection (3), in respect of a person sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but three of those years |
| (a) |
no day parole may be granted under the Corrections and Conditional Release Act; |
| (b) |
no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and |
| (c) |
except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner's inquest may be authorized under either of those Acts. |
|
(3) [Repealed, 1997, c. 17, s. 2] |
| R.S., 1985, c. C-46, s. 747; 1992, c. 11, s. 17, c. 20, s. 228; 1995, c. 42, ss. 71(F), 72(F), 76; 1997, c. 17, s. 2. |
TOP
|