INTRODUCTION AND BRIEF DESCRIPTION
If a jury does not set a date or decide that no further application may be made, the applicant can make another application after five years from the date of determination/conclusion under subsection (4).
SECTION WORDING
745.63(8) If the jury does not set a date on or after which another application may be made or decide that such an application may not be made, the applicant may make another application no earlier than five years after the date of the determination or conclusion under subsection (4).
EXPLANATION
Section 745.63(8) of the Criminal Code of Canada pertains to applications for a new trial or sentencing hearing. If a jury fails to set a date for another application to be made or decides that no further application may be made, the applicant must wait at least five years before making another application. This provision is important in ensuring that the legal system operates efficiently and that the rights of all parties involved are protected. It prevents the submission of multiple applications for new trials or sentencing hearings in a short period of time, which can complicate and prolong the justice process. By requiring a waiting period of five years, the provision allows for a reasonable amount of time to pass before another application can be made. This provides an opportunity for new evidence or information to come to light, reducing the risk of repetitive or frivolous applications. Overall, Section 745.63(8) serves as a safeguard against potential abuse of the legal process and contributes to a fair and effective criminal justice system in Canada.
COMMENTARY
Section 745.63(8) of the Criminal Code of Canada sets out the rules that govern when an offender sentenced to life imprisonment with parole ineligibility may apply for parole again. If the jury does not set a date on or after which another application may be made or decide that such an application may not be made, the offender may make another application no earlier than five years after the date of their last application. The purpose of this provision is to ensure that offenders are given a fair opportunity to apply for parole while at the same time keeping them out of the community until they appear to no longer pose a threat to public safety. This balance is achieved by giving an offender who is denied parole the right to reapply after five years have elapsed, provided the jury did not set a longer period. The five-year wait period imposed by Section 745.63(8) is a matter of public policy. In the past, critics of the Canadian criminal justice system argued that people who had been convicted of violent offences and given life sentences were being released too soon. Indeed, some people who received parole went on to commit other crimes, which further fueled public outrage. In response, Parliament amended the Criminal Code in the mid-1970s to make it harder for violent offenders to get out of prison. Section 745.63(8) is just one of several provisions that accomplish this objective. Another provision that helps keep offenders in custody is the "dangerous offender" designation. This designation is given to people who pose a serious threat to public safety and are found to have committed multiple violent or sexual offences. People who are labeled as "dangerous offenders" are given indefinite sentences, meaning they will remain in custody until they are deemed no longer dangerous. The decision to allow an offender to reapply for parole after five years is not taken lightly. The Parole Board of Canada must evaluate every case individually and determine whether the offender has made any progress towards rehabilitation. The Board takes into account numerous factors, including the severity of the crime, the offender's behaviour while in prison, and the offender's plans for after release. In conclusion, Section 745.63(8) is an important provision in the Canadian criminal justice system that serves to ensure that violent offenders are not released back into society until they no longer pose a threat to public safety. By imposing a wait period of five years before another parole application can be made, the provision strikes a balance between the offender's right to reapply and the public's right to be protected from violent offenders. As such, it is an essential component of the Criminal Code of Canada that helps maintain the safety and security of Canadians.
STRATEGY
Section 745.63(8) of the Criminal Code of Canada sets out a requirement that an applicant who has been denied parole must wait five years before making a new application. This section reflects the importance of rehabilitation and reintegration into society. However, dealing with this requirement involves a number of strategic considerations. One key strategic consideration is the timing of the initial application for parole. In some cases, it may be wise to delay the initial application, to avoid the need for a subsequent application within the five-year period. This might be appropriate, for example, if a prisoner knows that they will not be able to satisfy the criteria for parole at the time of the first application. Delaying the application may give the prisoner more time to work on addressing the issues that are preventing them from meeting the eligibility criteria. Another strategic consideration relates to the reasons why the initial application for parole was denied. If the denial was based on factors that are unlikely to change in the near future, it may be unwise to pursue another application within the five-year period. For example, if the prisoner has a history of violence and anger management issues, and has made little progress in addressing these issues, it may be unlikely that their next application will be successful. On the other hand, if the denial was based on factors that have the potential to change or improve, it may be worth pursuing another application within the five-year period. For example, if the denial was based on the prisoner's lack of participation in programs or lack of motivation, then actively participating in programs and addressing these issues could improve the chance of success on a subsequent application. Another strategic consideration is that not all parole boards or decision-makers will interpret and apply the section in the same way. Some may take a more lenient or flexible approach, while others may adopt a stricter interpretation. Understanding the particular approach of the decision-maker is crucial. For example, if a particular decision-maker is known to be very strict, it may be necessary to provide additional evidence or take additional steps to show that the prisoner has made progress towards rehabilitation. Overall, the strategic considerations when dealing with section 745.63(8) of the Criminal Code of Canada require a careful assessment of a prisoner's individual circumstances. Understanding the reasons for the initial denial of parole, the nature of the offence, and the likelihood of meeting the eligibility criteria are all crucial factors to consider. Delaying the initial application, addressing underlying issues, and understanding the particular approach of the decision-maker, are just some of the strategies that could be employed. Ultimately, the decision to pursue another application for parole within the five-year period requires a careful cost-benefit analysis, taking into account the likelihood of success and the risks associated with delay.