Life imprisonment (Canada)
Encyclopedia
Life imprisonment in Canada
means that an offender will be under federal supervision, whether in prison or in the community, for the rest of his or her life. High treason
and first degree murder carry a mandatory sentence of life imprisonment with a parole ineligibility period of 25 years. Previously, in the case of high treason or first-degree murder (where the offender has been convicted of a single murder) offenders could have their parole ineligibility period reduced to no less than 15 years under the Faint hope clause
which has since been repealed.
Second degree murder carries a mandatory sentence of life imprisonment with a parole ineligibility period of between 10 years and 25 years. Courts will determine the sentence based on the gravity of the offence. Contrary to common belief, public safety plays a lesser role given the fact that the offender will be subject to a life sentence and the Parole Board of Canada will presumably assess the present danger posed by the offender at the time of a parole application.
There is no guarantee that parole will be granted to an offender, as if the Parole Board of Canada determines that an offender still poses a risk to society, that person may be detained in prison past the parole eligibility period.
The courts may apply a dangerous offender
designation, which is in fact an indeterminate sentence: no minimum and no maximum, but a parole review occurs after 7 years and every 2 years after that. Current sentencing guidelines ensure that except in the case of murder, both a life sentence and the "dangerous offender" designation are rarely used, even when the offender is found guilty for particularly grievous offences.
Offences under the Criminal Code of Canada that carry a maximum penalty of life imprisonment in Canada (with a parole ineligibility period of between 7 years and 25 years) include treason
, piracy
, mutiny
, hijacking, endangering the safety of an aircraft or an airport, endangering the safety of a ship or fixed platform, robbery
, kidnapping
, attempted murder
, accessory after the fact to murder, causing death by street racing, impaired driving causing death, causing death by criminal negligence, killing an unborn child in the act of birth, and aggravated sexual assault
.
Under the Controlled Drugs and Substances Act, trafficking, exporting or production of schedule I or II substances also carries a maximum penalty of life imprisonment with a parole ineligibility period of between 7 years and 25 years.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
means that an offender will be under federal supervision, whether in prison or in the community, for the rest of his or her life. High treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
and first degree murder carry a mandatory sentence of life imprisonment with a parole ineligibility period of 25 years. Previously, in the case of high treason or first-degree murder (where the offender has been convicted of a single murder) offenders could have their parole ineligibility period reduced to no less than 15 years under the Faint hope clause
Faint hope clause
The "Faint hope clause" was the popular name for §745.6 of the Criminal Code of Canada, a statutory provision that allows prisoners who have been sentenced to life imprisonment with a parole eligibility period of greater than 15 years to apply for early parole once he or she has served 15...
which has since been repealed.
Second degree murder carries a mandatory sentence of life imprisonment with a parole ineligibility period of between 10 years and 25 years. Courts will determine the sentence based on the gravity of the offence. Contrary to common belief, public safety plays a lesser role given the fact that the offender will be subject to a life sentence and the Parole Board of Canada will presumably assess the present danger posed by the offender at the time of a parole application.
There is no guarantee that parole will be granted to an offender, as if the Parole Board of Canada determines that an offender still poses a risk to society, that person may be detained in prison past the parole eligibility period.
The courts may apply a dangerous offender
Dangerous offender
In Canada and England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of preventive detention in order to protect the public.-Canada:...
designation, which is in fact an indeterminate sentence: no minimum and no maximum, but a parole review occurs after 7 years and every 2 years after that. Current sentencing guidelines ensure that except in the case of murder, both a life sentence and the "dangerous offender" designation are rarely used, even when the offender is found guilty for particularly grievous offences.
Offences under the Criminal Code of Canada that carry a maximum penalty of life imprisonment in Canada (with a parole ineligibility period of between 7 years and 25 years) include treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, piracy
Piracy
Piracy is an act of robbery or criminal violence at sea. The term can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the perpetrator...
, mutiny
Mutiny
Mutiny is a conspiracy among members of a group of similarly situated individuals to openly oppose, change or overthrow an authority to which they are subject...
, hijacking, endangering the safety of an aircraft or an airport, endangering the safety of a ship or fixed platform, robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
, kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, attempted murder
Attempted murder
Attempted murder is a crime in England and Wales and Northern Ireland.-Today:In English criminal law, attempted murder is the crime of more than merely preparing to commit unlawful killing and at the same time having a specific intention to cause the death of human being under the Queen's Peace...
, accessory after the fact to murder, causing death by street racing, impaired driving causing death, causing death by criminal negligence, killing an unborn child in the act of birth, and aggravated sexual assault
Aggravated sexual assault
Aggravated Sexual Assault is when one commits an aggravated assault of a sexual nature and who wounds, maims, disfigures or endangers the life of the complainant....
.
Under the Controlled Drugs and Substances Act, trafficking, exporting or production of schedule I or II substances also carries a maximum penalty of life imprisonment with a parole ineligibility period of between 7 years and 25 years.
External links
- Life Sentences and Section 745.6 of the Criminal Code Department of Justice (Canada)Department of Justice (Canada)The purpose of the Department of Justice is to ensure that the Canadian justice system is fair, accessible and efficient. The Department also represents the Canadian government in legal matters...