Sentencing Overview: Life Imprisonment In Canada

Life imprisonment in Canada stands as the most severe penalty reserved for the more dangerous of criminal offences. This sentencing not only reflects the seriousness of the crime but also highlights the Canadian Criminal Justice System’s commitment to public safety and moral accountability.

 

Understanding A Life Imprisonment Sentence

Being sentenced to life imprisonment in Canada is a sentence typically given for the most serious criminal offences, including:

• first-degree murder
• second-degree murder
• certain cases of manslaughter

 

Under the Criminal Code of Canada, a life sentence means that the person convicted is sentenced to prison for the remainder of their natural life. However, what distinguishes life sentences in Canada is the period of parole ineligibility attached to them.

 

How Long Is A Life Sentence In Canada

• For First-degree murder: the mandatory life sentence comes with a minimum parole ineligibility period of 25 years.
• For Second-degree murder: minimum parole ineligibility period of 10 to 25 years, at the discretion of the sentencing judge.
• For Other Criminal Charges: Sentencing depends on the type of criminal offence, including whether there is a mandatory minimum fine or jail term, the accused’s background/character, and the Judge’s discretion.

The concept of parole ineligibility means that the convicted person cannot apply for parole until they have served the minimum period set by the court.

The Criminal Code of Canada allows for the imposition of consecutive life sentences for individuals convicted of multiple murders, extending the parole ineligibility period and, in some cases, making it unlikely that the offender will ever be released.

The distinction between life sentences allows Canada’s legal system’s to tailor sentences not only to the severity of the crime but also to the circumstances surrounding it, including the offender’s intent and the impact on victims and their families.

 

Parole Eligibility and Life Sentences

Parole eligibility sometimes offers a glimmer of hope for rehabilitation and eventual reintegration into society for those convicted of serious crimes.

The Parole Board of Canada assesses whether offenders are ready for a conditional release based on their behavior, rehabilitation progress, and the potential risk they may pose to the community. For offenders serving life sentences, parole review occurs once the minimum ineligibility period has been served, allowing the board to consider if parole is warranted.

Consecutive life sentences can be issued for multiple convictions, effectively extending the parole ineligibility period beyond the standard maximum. This means that individuals convicted of several violent offences, such as multiple counts of murder, could face a parole ineligibility period that spans much of their remaining life, significantly reducing the likelihood of release.

 

Offences Leading to Life Imprisonment

In Canada, life imprisonment serves as the penalty for a range of serious offences. Some  crimes carry mandatory life sentences.  Below are example of offences that can result in life imprisonment:

• First-Degree Murder:
  • Characterized by premeditation and intent.
  • Results in an automatic life sentence with a 25-year minimum parole ineligibility period.

• Second-Degree Murder:
  • Involves intentional killing without premeditation.
  • Leads to a life sentence, with the parole ineligibility period ranging from 10 to 25 years, determined at the judge’s discretion.

• Aggravated Sexual Assault:
  • May result in a life sentence, particularly in cases where the offender represents a significant, ongoing threat to public safety.

• Attempted Murder:
  • Depending on the severity and circumstances, the court may impose a life sentence.

• Dangerous Offender Designation:
  • Individuals deemed too dangerous to be released can receive an indeterminate sentence, effectively a life sentence without a fixed parole ineligibility period.

 

The “Faint Hope Clause”

The “Faint Hope Clause,” formally known as Section 745.6 of the Criminal Code of Canada, represents a unique aspect of the Canadian legal system concerning life imprisonment. This provides certain offenders serving life sentences the possibility to apply for a parole eligibility review before reaching their initially set parole ineligibility period. 

Introduced in 1976, the Faint Hope Clause was created as a mechanism to incentivize rehabilitation and good behavior among inmates serving life sentences. 

The application is not automatic and comes with stringent eligibility criteria:

• Time Served: The offender must have served at least 15 years of their life sentence before they can apply for a review.
• Exclusions: Certain categories of offenders, such as those convicted of multiple murders, may be ineligible for early parole under this clause, depending on the specifics of their sentencing and changes to legislation over time.

 

The Impact of Life Sentences on Offenders

For those serving life sentences, the experience is marked by the continuous challenge of coping with the realities of long-term imprisonment, while also engaging in rehabilitation programs and maintaining hope for eventual parole.

Rehabilitation efforts within the prison system are geared towards preparing inmates for potential reintegration into society, focusing on education, vocational training, and psychological support. These programs aim to address the underlying issues that contributed to the offender’s criminal behavior, fostering personal growth and reducing the likelihood of re-offending.

 

Facing Criminal Charges?

At Kruse Law, we understand the gravity of your situation and are committed to providing the best possible defence for our clients. Our team of former prosecutors and seasoned criminal defence lawyers brings over 60 years of experience to your case, offering a combination of knowledge, tenacity, and personalized attention.

Whether you’re dealing with charges related to DUI, sexual assault, domestic violence, or any other criminal offence, don’t go through the complicated legal process alone and unprepared.

Your rights and your future are too important to leave to chance. Contact Kruse Law today for a free, confidential consultation. Let us put our expertise to work for you, fighting for the best possible outcome and helping to restore peace of mind during this difficult time.