INTRODUCTION AND BRIEF DESCRIPTION
This section allows the Chief Justice in each province or territory to create necessary rules for sections related to criminal sentencing.
SECTION WORDING
745.64(1) The appropriate Chief Justice in each province or territory may make such rules as are required for the purposes of sections 745.6 to 745.63.
EXPLANATION
Section 745.64(1) of the Criminal Code of Canada deals with the rules that are required for implementing sections 745.6 to 745.63 of the Criminal Code. These sections pertain to the provisions for the reduction of sentences of offenders, who are 18 years or older, and have been sentenced to life imprisonment without eligibility for parole for a minimum term of 10 years. The reduction of the sentence is granted by the parole board as per the provisions of these sections. Section 745.64(1) empowers the Chief Justice of each province or territory to create such rules for the implementation of these sections. These rules may include, but are not limited to, guidelines, procedures, and timelines for the application of the reduction of sentence. The Chief Justice's rules must be consistent with the legislative and constitutional requirements, such as the Charter of Rights and Freedoms. The Chief Justice may also consult with other judiciary members or stakeholders, such as prosecutors, defense counsel, and victim services, to ensure that the rules are comprehensive and fair. The purpose of section 745.64(1) is to ensure that there is a uniform process for implementing the provisions for the reduction of the sentence of offenders. By allowing the Chief Justice to create these rules, it provides clarity and transparency in the reduction of sentence process and ensures that it's carried out in the best interest of all involved parties. Moreover, these rules can help to prevent inconsistencies arising from interpretation and application of the law across different jurisdictions, which can help to promote public confidence in the criminal justice system.
COMMENTARY
Section 745.64(1) of the Criminal Code of Canada empowers the Chief Justice of each province or territory to create rules necessary for the implementation and operation of sections 745.6 to 745.63. These sections relate to the use of the faint hope clause, an early parole application for life-sentenced prisoners. The purpose of this section is to provide uniformity and clarity in the application of the faint hope clause across the country. The faint hope clause was introduced in 1976 to allow life-sentenced inmates who had served at least 15 years to apply for early release. The clause was abolished in 2011, and inmates who were eligible at that time were given a final opportunity to apply before the clause was removed. The clause allowed for a parole hearing to occur after 15 years of imprisonment and every two years thereafter if the inmate was unsuccessful in their initial attempt. The process for applying for early release under the faint hope clause is complex and requires the involvement of many different parties. It involves the sentencing Judge, the Prosecutor, the Correctional authorities, and Parole Board of Canada. Section 745.64(1) provides the Chief Justice the ability to regulate the processes involved in this clause. The role of the Chief Justice in creating rules for the faint hope clause is critical. They must consider the various factors and players involved in the process. The rules must be reasonable, transparent, and effective, promoting confidence in the justice system. The rules should promote timely and fair review of applications. They should ensure that the best interests of society and the objectives of criminal sentencing are met. Additionally, the rules must also provide an opportunity for victims to participate in the process. Victims should be notified of the application for early parole and should be given an opportunity to provide their input into the decision-making process. In conclusion, Section 745.64(1) of the Criminal Code of Canada provides an essential role in the implementation and operation of sections 745.6 to 745.63, which deal with the faint hope clause. By providing the Chief Justice with the power to create rules for the process, the clause's intent is enforced, transparency is enhanced, and justice is served. Victims' participation in the decision-making process is ensured, which is paramount to the overall objective of criminal justice.
STRATEGY
Section 745.64(1) of the Criminal Code of Canada is an important provision as it grants the Chief Justice of each province or territory the power to make rules that are necessary for the effective implementation of sections 745.6 to 745.63. These sections pertain to the ability of a person who has been convicted of first or second degree murder to apply for parole after serving 15 or 10 years of their sentence, respectively. The implementation of this section requires various strategic considerations, such as ensuring that the rules made by the Chief Justice are fair, consistent, and transparent. This is important to ensure that the provisions of sections 745.6 to 745.63 are being applied consistently across all jurisdictions. Another strategic consideration is the need to ensure that the rules are properly communicated to all stakeholders, including lawyers, judges, and the general public. This is important to ensure that everyone understands the rules and procedures associated with applying for parole under sections 745.6 to 745.63. A further strategic consideration is the need to ensure that the rules are efficient and effective. This means ensuring that the processes associated with applying for parole are streamlined and easy to follow, while also ensuring that the rules are effective in achieving their objectives of rehabilitating offenders and protecting the public. There are several strategies that could be employed to address these strategic considerations and enhance the implementation of section 745.64(1). First, the Chief Justices could develop guidelines or best practices for the creation and implementation of rules that are required for the purposes of sections 745.6 to 745.63. These guidelines could be developed in collaboration with other stakeholders and could provide a consistent framework for the implementation of these provisions across all jurisdictions. Second, the Chief Justices could work to improve communication and knowledge-sharing among justice system stakeholders. This could involve creating training programs for lawyers and judges, as well as developing communication materials for the general public explaining the rules and procedures associated with applying for parole under sections 745.6 to 745.63. Third, the Chief Justices could explore opportunities for innovation and technology to improve the efficiency and effectiveness of the parole application process. This could involve developing online tools or applications that guide offenders through the application process, provide information about the rules and procedures, and track their progress through the system. Overall, the effective implementation of section 745.64(1) requires careful strategic planning, collaboration, and innovation. By adopting these strategies, Chief Justices can ensure that the rules and procedures associated with applying for parole under sections 745.6 to 745.63 are fair, consistent, transparent, and efficient, while also protecting the public and rehabilitating offenders.