Backgrounder: Ending Sentence Discounts for Multiple Murderers

The Former System for Parole Ineligibility Periods

Murder is considered first-degree when it is "planned and deliberate," when the victim is a police officer or engaged in law enforcement or corrections, or when death occurs during the commission of crimes, including aircraft hijacking, hostage taking, kidnapping, and sexual assault. All other murders are considered second-degree. In 1976, Parliament repealed the death penalty and introduced mandatory terms of life imprisonment for offenders convicted of first- and second-degree murder. First-degree murder and two categories of second degree murder have a parole ineligibility period of 25 years. The remaining categories of second-degree murder have a minimum parole ineligibility period of 10 years, to a maximum of 25 years– the actual period within this range is set out in each case by the sentencing court. Under the former system, individuals convicted of multiple murders served their life sentences concurrently and were therefore subject to only one parole ineligibility period.

The Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act (Bill C-48)

Families of victims argue that the fact that life sentences for multiple murders are served concurrently devalues the lives of victims and puts Canadians at risk by allowing multiple murderers to be paroled earlier than merited, given the seriousness of their crimes. The new legislation puts an end to this situation, enabling judges to impose consecutive parole ineligibility periods for each victim when individuals are convicted of more than one first- or second-degree murder. This means that offenders would need to serve a significantly longer overall period in custody before they are eligible to apply for parole.

It is not mandatory under the new legislation for a judge to impose consecutive parole ineligibility periods for multiple murderers. Judges will have discretion to consider the character of the offender, the nature and circumstances of the offence, and any jury recommendations before deciding on whether to impose consecutive 25-year parole ineligibility periods. For the benefit of the families and loved ones of victims, judges are required to state orally or in writing the basis for their decision either to impose, or not to impose, consecutive parole ineligibility periods on multiple murderers.

Repeal of the "Faint-Hope" Clause

The amendments above are an important part of the Government of Canada's commitment to enhancing truth in sentencing and ensuring that Canadians are protected from violent criminals. On December 2, 2011, legislation (Bill S-6, originally titled the Serious Time for the Most Serious Crime Act) came into force which repeals the "faint-hope" clause of the Criminal Code for all future offenders.

The repeal of the "faint-hope" clause means that offenders who commit murder on or after the day the repeal came into force will no longer be able to apply to be eligible for early parole. Those given a life sentence for first-degree murder are not be eligible to apply to the Parole Board of Canada for parole until they have served at least 25 years. Those given a life sentence for second-degree murder are not eligible to apply until the imposed period is served, which could be up to 25 years.

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Department of Justice Canada
December 2011