Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-11-21 and last amended on 2016-06-17. Previous Versions

Marginal note:Hearing of application
  •  (1) The jury empanelled under subsection 745.61(5) to hear the application shall consider the following criteria and determine whether the applicant’s number of years of imprisonment without eligibility for parole ought to be reduced:

    • (a) the character of the applicant;

    • (b) the applicant’s conduct while serving the sentence;

    • (c) the nature of the offence for which the applicant was convicted;

    • (d) any information provided by a victim at the time of the imposition of the sentence or at the time of the hearing under this section; and

    • (e) any other matters that the judge considers relevant in the circumstances.

  • Marginal note:Information provided by victim

    (1.1) Information provided by a victim referred to in paragraph (1)(d) may be provided either orally or in writing, at the discretion of the victim, or in any other manner that the judge considers appropriate.

  • (2) [Repealed, 2015, c. 13, s. 34]

  • Marginal note:Reduction

    (3) The jury hearing an application under subsection (1) may determine that the applicant’s number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by unanimous vote.

  • Marginal note:No reduction

    (4) The applicant’s number of years of imprisonment without eligibility for parole is not reduced if

    • (a) the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;

    • (b) the jury hearing an application under subsection (1) concludes that it cannot unanimously determine that the number of years ought to be reduced; or

    • (c) the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to unanimously determine that the number of years ought to be reduced.

  • Marginal note:Where determination to reduce number of years

    (5) If the jury determines that the number of years of imprisonment without eligibility for parole ought to be reduced, the jury may, by a vote of not less than two thirds of the members of the jury,

    • (a) substitute a lesser number of years of imprisonment without eligibility for parole than that then applicable; or

    • (b) terminate the ineligibility for parole.

  • Marginal note:Decision re new application

    (6) If the applicant’s number of years of imprisonment without eligibility for parole is not reduced, the jury may

    • (a) set a time, no earlier than five years after the date of the determination or conclusion under subsection (4), at or after which the applicant may make another application under subsection 745.6(1); or

    • (b) decide that the applicant may not make another application under that subsection.

  • Marginal note:Two-thirds decision

    (7) The decision of the jury under paragraph (6)(a) or (b) must be made by not less than two thirds of its members.

  • Marginal note:If no decision re new application

    (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).

  • 1996, c. 34, s. 2;
  • 1999, c. 25, s. 22(Preamble);
  • 2011, c. 2, s. 5;
  • 2015, c. 13, s. 34.
Marginal note:Rules
  •  (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.

  • Marginal note:Territories

    (2) When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.61(1) or to empanel a jury to hear an application under subsection 745.61(5), in respect of a conviction that took place in Yukon, the Northwest Territories or Nunavut, the appropriate Chief Justice may designate the judge from the Court of Appeal of Yukon, the Northwest Territories or Nunavut, or the Supreme Court of Yukon or the Northwest Territories or the Nunavut Court of Justice, as the case may be.

  • 1996, c. 34, s. 2;
  • 1999, c. 3, s. 53;
  • 2002, c. 7, s. 147(E).
Marginal note:Time spent in custody

 In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4, 745.5 or 745.6, there shall be included any time spent in custody between

  • (a) in the case of a sentence of imprisonment for life after July 25, 1976, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to imprisonment for life and the day the sentence was imposed; or

  • (b) in the case of a sentence of death that has been or is deemed to have been commuted to a sentence of imprisonment for life, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to death and the day the sentence was commuted or deemed to have been commuted to a sentence of imprisonment for life.

  • R.S., 1985, c. C-46, s. 746;
  • 1995, c. 19, s. 41, c. 22, ss. 6, 24.
Marginal note:Parole prohibited
  •  (1) Unless Parliament otherwise provides by an enactment making express reference to this section, a person who has been sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act shall not be considered for parole or released pursuant to a grant of parole under the Corrections and Conditional Release Act or any other Act of Parliament until the expiration or termination of the specified number of years of imprisonment.

  • Marginal note:Absence with or without escort and day parole

    (2) Subject to subsection (3), in respect of a person sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but three years of the specified number of years of imprisonment,

    • (a) no day parole may be granted under the Corrections and Conditional Release Act;

    • (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and

    • (c) except with the approval of the Parole Board of Canada, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner’s inquest may be authorized under either of those Acts.

  • Marginal note:Young offenders

    (3) In the case of any person convicted of first degree murder or second degree murder who was under the age of eighteen at the time of the commission of the offence and who is sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but one fifth of the period of imprisonment the person is to serve without eligibility for parole,

    • (a) no day parole may be granted under the Corrections and Conditional Release Act;

    • (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and

    • (c) except with the approval of the Parole Board of Canada, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner’s inquest may be authorized under either of those Acts.

  • 1995, c. 22, s. 6, c. 42, s. 87;
  • 1997, c. 17, s. 2;
  • 2012, c. 1, ss. 160, 201.

 [Repealed, 1995, c. 22, s. 6]

Pardons and Remissions

Marginal note:To whom pardon may be granted
  •  (1) Her Majesty may extend the royal mercy to a person who is sentenced to imprisonment under the authority of an Act of Parliament, even if the person is imprisoned for failure to pay money to another person.

  • Marginal note:Free or conditional pardon

    (2) The Governor in Council may grant a free pardon or a conditional pardon to any person who has been convicted of an offence.

  • Marginal note:Effect of free pardon

    (3) Where the Governor in Council grants a free pardon to a person, that person shall be deemed thereafter never to have committed the offence in respect of which the pardon is granted.

  • Marginal note:Punishment for subsequent offence not affected

    (4) No free pardon or conditional pardon prevents or mitigates the punishment to which the person might otherwise be lawfully sentenced on a subsequent conviction for an offence other than that for which the pardon was granted.

  • R.S., 1985, c. C-46, s. 748;
  • 1992, c. 22, s. 12;
  • 1995, c. 22, s. 6.
 
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