Life imprisonment in Canada is a criminal sentence for certain offences that lasts for the offender’s life. Parole is possible, but even if paroled, the offender remains under the supervision of Corrections Canada for their lifetime, and can be returned to prison for parole violations. A person serving a life sentence must serve for a certain length of time before becoming eligible for parole. First degree murder and high treason carry the longest period of parole ineligibility in the ''

Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

'', at 25 years. Parole ineligibility for second degree murder typically varies between 10 and 25 years, and is set by the sentencing judge. A life sentence is the most severe punishment for any crime in Canada. Criminal laws are enacted by the Parliament of Canada and apply uniformly across the country.

Mandatory life sentence

High treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

and

first degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...

carry a mandatory sentence of life imprisonment with a full

parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...

ineligibility period of 25 years. Previously, in the case of high treason or first-degree murder (where the offender had 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. That option under the ''Criminal Code'' is still in effect. Second degree murder also carries a mandatory sentence of life imprisonment but with a parole ineligibility period of between 10 years and 25 years. Courts will determine the parole ineligibility period 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.

Multiple murders

An amendment to the ''Criminal Code'' passed in 2011 granted courts the authority to issue consecutive life sentences, in effect allowing for multiple periods of parole ineligibility to be stacked and lead to a total parole ineligibility period of greater than 25 years. In the most extreme cases, it authorized a ''

de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with '' de jure'' ("by l ...

'' term of life imprisonment without parole (i.e. when the total parole ineligibility period extends beyond the offender's life expectancy). This provision was used in several cases of multiple murders, with parole ineligibility periods of 35 years (Benjamin Hudon-Barbeau), 40 years (Travis Baumgartner), 50 years (Edward Downey, Emanuel Kahsai and Mark Smich), 70 years (Basil Borutski), and 75 years ( Justin Bourque, John Paul Ostamas, Douglas Garland, Derek Saretzky and Dellen Millard, Mark Smich's accomplice (originally 50 years, extended to 75 after sentencing for the murder of his father). The provision permitting multiple murderers to receive consecutive parole ineligibility periods for the individual murders they committed was struck down by the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

in ''R v Bissonette'', which held that it authorized

cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...

. The Supreme Court ruled that Alexandre Bissonnette, who attacked the Islamic Cultural Centre in Quebec City in 2017 and murdered six woshippers, must nevertheless be permitted the option of applying for full parole after 25 years despite the gravity of the crime in question. The ruling meant that Bissonnette would now be eligible for day parole as early as 2039. All other multiple murderers in Canada were now entitled to similar reductions in sentences.

Other offences

Offences under the ''Criminal Code'' 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 is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

piracy Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...

mutiny Mutiny is a revolt among a group of people (typically of a military, of a crew or of a crew of pirates) to oppose, change, or overthrow an organization to which they were previously loyal. The term is commonly used for a rebellion among memb ...

aircraft hijacking Aircraft hijacking (also known as airplane hijacking, skyjacking, plane hijacking, plane jacking, air robbery, air piracy, or aircraft piracy, with the last term used within the special aircraft jurisdiction of the United States) is the unlawfu ...

, endangering the safety of an aircraft or an airport, endangering the safety of a ship or fixed platform, refusing to disperse after a riot proclamation, arson (disregard for human life),

robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...

kidnapping In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...

, break and enter with intent,

attempted murder Attempted murder is a crime of attempt in various jurisdictions. Canada Section 239 of the ''Criminal Code'' makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is four, five or seven y ...

, accessory after the fact to murder,

conspiracy to commit murder Conspiracy to murder is a statutory offence defined by the intent to commit murder. England and Wales The offence of conspiracy to murder was created in statutory law by section 4 of the Offences Against the Person Act 1861 and retained as ...

, manslaughter, causing death by street racing, impaired driving causing death, causing death by

criminal negligence In criminal law, criminal negligence is a surrogate state of mind required to constitute a ''conventional'' (as opposed to ''strictly liable'') offense. It is not, strictly speaking, a (Law Latin for "guilty mind") because it refers to an o ...

, killing an unborn child in the act of birth, and

aggravated sexual assault The precise definitions of and punishments for aggravated sexual assault and aggravated rape vary from nation to nation and state to state within nations. Effects on victims Aggravated sexual assault can lead to short- or long-term effects. Ma ...

. Under the ''

Controlled Drugs and Substances Act The ''Controlled Drugs and Substances Act'' (french: Loi réglementant certaines drogues et autres substances) (the ''Act'') is Canada's federal drug control statute. Passed in 1996 under Prime Minister Jean Chrétien's government, it repeal ...

'', 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. Current sentencing practices ensure that, except in the case of murder, a life sentence is rarely imposed, even when the offender is found guilty for particularly grievous offences. One common exception is cases which involve terrorism-related conspiracies. As of 2013, 4,800 offenders were serving life sentences in Canada, though only 2,880 (around 60%) were incarcerated (the remainder being on parole). The vast majority of these offenders (about 96%) were serving their sentences for murder. "Lifers" constituted 23% of the federal offender population. There is no guarantee that parole will be granted to an offender. 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. Any person released on parole from a term of life imprisonment or an indeterminate term of imprisonment must remain on parole, with conditions by the Parole Board.

Dangerous offender

While life sentences are rare in non-murder cases, the

courts A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...

may apply a dangerous offender designation in cases involving serious violent or sexual offences. Such a designation may result in an indeterminate sentence with no maximum limit, but a parole review occurs after 7 years and every 2 years after that. Despite formal parole eligibility after seven years, full parole is rare in cases where a dangerous offender is serving an indeterminate sentence as this provision is reserved for individuals assessed as likely to commit further serious violent offences. In violent non-murder cases involving repeat offenders, it is more likely to be used than a sentence of life imprisonment. As of 2012, nearly 500 inmates had a "Dangerous Offender" designation constituting about 3% of the federal offender population. Three years later, in 2015, 622 federal offenders had a Dangerous Offender designation. Of these, 586 (or some 94%) were incarcerated (representing 3.9% of the In-Custody Population) and 36 were in the community under supervision. This supervision lasts for the remainder of the offender's life. See: Dangerous offender designation in Canada.

Youth sentencing

A young person (12 to 17) does not face a life sentence unless they are sentenced as an adult, since the maximum sentence under the ''

Youth Criminal Justice Act The ''Youth Criminal Justice Act'' (YCJA; french: Loi sur le système de justice pénale pour les adolescents) (the ''Act'') is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offenc ...

'' is 10 years (for first-degree murder). A person can be sentenced as an adult if they were at least 14 years old at the time of the offence. The crown carries the burden of proving an adult sentence is appropriate and a presumption in favour of a youth sentence always exists, irrespective of the offenders age or the type of offence. Even if the crown does discharge its burden of proving an adult sentence is justified, the period of parole ineligibility for murder is nonetheless different for youths.

References

External links

Life Sentences and Section 745.6 of the Criminal Code

Department of Justice (Canada) The Department of Justice (french: Ministère de la Justice) is a department of the Government of Canada that represents the Canadian government in legal matters. The Department of Justice works to ensure that Canada's justice system is as fair, ...

{{World topic, Life imprisonment in, noredlinks=y, title=

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...

Canadian criminal law