INTRODUCTION AND BRIEF DESCRIPTION
Individuals convicted of multiple murders are prohibited from making an application for parole.
SECTION WORDING
745.6(2) 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.
EXPLANATION
Section 745.6(2) of the Criminal Code of Canada is a provision that prohibits a person who has been convicted of more than one murder from making an application for early parole under subsection (1) of the same section. The provision applies regardless of whether the proceedings in respect of any of the murders were commenced before or after another murder was committed. The purpose of this provision is to ensure that persons who have committed multiple murders are not able to benefit from the lenient provisions of early parole that are available to other offenders under certain circumstances. The prohibition is aimed at ensuring that offenders who have committed multiple murders serve their full sentences, which are typically longer than those for single murders. The provision also serves as a deterrent to potential murderers by sending a strong message that the consequences of committing multiple murders are severe and will result in a lengthy sentence with no opportunity for early release. This aspect of the provision is important in maintaining public confidence in the justice system and in deterring violent crime. In summary, Section 745.6(2) of the Criminal Code of Canada serves to promote public safety by ensuring that offenders who have committed multiple murders serve their full sentences without any opportunity for early release.
COMMENTARY
Section 745.6(2) of the Canada's Criminal Code is a provision that restricts the rights of individuals who have been convicted of more than one murder. This provision bars such individuals from making an application under subsection (1) of the Criminal Code, which provides a mechanism for the review of sentences for certain serious and violent offences, including murder. This commentary will examine the context, justification and implications of section 745.6(2) of the Criminal Code. The context for the enactment of this provision can be traced back to the introduction of the faint hope clause in 1976. This provision allowed individuals convicted of first-degree murder to apply for parole after serving 15 years of their sentence. The provision was seen as controversial because it allowed convicted murderers to challenge the life means life" rule, under which a life sentence was intended to mean incarceration for the duration of the offender's life. In 2011, the federal government abolished the faint hope clause and replaced it with section 745.6, which narrowed the eligibility for early parole for individuals convicted of murder. Section 745.6 allows individuals convicted of murder to apply for a review of their sentence after serving at least 15 years of their sentence. The application is made to a judge of the superior court, who can then order a new hearing before a jury, which may reduce the sentence or keep it the same. The provision in question, section 745.6(2), effectively excludes individuals who have been convicted of more than one murder from applying for a review of their sentence. This provision can be seen as a legislative response to the concerns of victims' families and the general public about the possibility of convicted multiple murderers being released into society. The notion that individuals who have killed more than once have demonstrated a pattern of violent behaviour and pose a greater risk to society is a common assumption that has been recognized by courts in Canada and other countries. The justification for the exclusion of multiple murderers from the provisions of section 745.6 rests on the need to balance the interests of victims and society against the rehabilitation and reintegration of offenders into the community. While the criminal justice system recognizes the importance of rehabilitating offenders, it also recognizes the need to protect the public from dangerous and violent offenders. Multiple murderers represent the most extreme end of the spectrum of violent offenders, and their crimes often create a level of fear and revulsion in the public consciousness that sets them apart from other offenders. The implications of section 745.6(2) are significant, as they effectively deny multiple murderers the possibility of having their sentences reviewed. This is a departure from the traditional principle of sentencing that allows for the possibility of review and adjustment of sentences over time. This provision creates a situation where individuals convicted of more than one murder serve a sentence that is, in practical terms, a life sentence without the possibility of review or adjustment. In conclusion, section 745.6(2) of the Criminal Code of Canada is a provision that restricts the rights of individuals convicted of more than one murder by preventing them from applying for a review of their sentence. The provision reflects a desire to balance the principles of punishment and rehabilitation against the interests of victims and society. While it is understandable that multiple murderers pose a greater risk to society, the implications of this provision for principles of justice and fairness in the criminal justice system should be carefully considered.
STRATEGY
Section 745.6(2) of the Criminal Code of Canada bars individuals who have been convicted of more than one murder from making an application for parole after serving a minimum of 25 years of their sentence. This provision places a significant restriction on the ability of certain offenders to obtain early release, and as such, it presents a unique set of strategic considerations for legal professionals involved in these cases. One of the key strategic considerations when dealing with section 745.6(2) is to understand how this provision interacts with other provisions of the Criminal Code and other relevant legislation. For example, while section 745.6(2) may prevent an offender from seeking parole for multiple murder convictions, there may be other avenues for early release available through conditional release programs or compassionate release provisions. These options may be limited, but they are still worth exploring for clients who are facing lengthy sentences for multiple murders. Another important strategic consideration is to carefully analyze the specific facts and circumstances surrounding the convictions in question. While section 745.6(2) may seem like an insurmountable barrier, there may be ways to challenge the validity of one or more of the murder convictions or to seek a reduction in the severity of the sentence for one of the convictions. This could include arguing that certain evidence was improperly admitted at trial, or that the sentence for one of the murders was excessively harsh in light of the individual's role in the crime and other mitigating factors. In addition to these legal strategies, it is also important to consider the broader social and political context in which these cases are being litigated. Public perception and media coverage can play a significant role in shaping the outcome of high-profile murder cases, and legal professionals must be prepared to navigate these dynamics while advocating for their clients. This may include developing messaging strategies that effectively communicate the client's perspective on the case and seeking to build support among key stakeholders such as victim advocacy groups, community leaders, and elected officials. Ultimately, the strategies that legal professionals employ when dealing with section 745.6(2) will depend on the unique circumstances of each case. However, by carefully analyzing the legal and social landscape surrounding these cases, and by exploring all available avenues for early release and sentence reduction, lawyers can improve their clients' chances of obtaining a favorable outcome despite the strict limitations imposed by this provision of the Criminal Code.