Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-06-09 and last amended on 2015-04-10. Previous Versions

Imprisonment for Life

Marginal note:Sentence of life imprisonment

 Subject to section 745.1, the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be

  • (a) in respect of a person who has been convicted of high treason or first degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

  • (b) in respect of a person who has been convicted of second degree murder where that person has previously been convicted of culpable homicide that is murder, however described in this Act, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

  • (b.1) in respect of a person who has been convicted of second degree murder where that person has previously been convicted of an offence under section 4 or 6 of the Crimes Against Humanity and War Crimes Act that had as its basis an intentional killing, whether or not it was planned and deliberate, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

  • (c) in respect of a person who has been convicted of second degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least ten years of the sentence or such greater number of years, not being more than twenty-five years, as has been substituted therefor pursuant to section 745.4; and

  • (d) in respect of a person who has been convicted of any other offence, that the person be sentenced to imprisonment for life with normal eligibility for parole.

  • R.S., 1985, c. C-46, s. 745;
  • R.S., 1985, c. 27 (2nd Supp.), s. 10;
  • 1990, c. 17, s. 14;
  • 1992, c. 51, s. 39;
  • 1995, c. 22, s. 6;
  • 2000, c. 24, s. 46.
Marginal note:Information in respect of parole
  •  (1) Except where subsection 745.6(2) applies, at the time of sentencing under paragraph 745(a), (b) or (c), the judge who presided at the trial of the offender shall state the following, for the record:

    The offender has been found guilty of (state offence) and sentenced to imprisonment for life. The offender is not eligible for parole until (state date). However, after serving at least 15 years of the sentence, the offender may apply under section 745.6 of the Criminal Code for a reduction in the number of years of imprisonment without eligibility for parole. If the jury hearing the application reduces the period of parole ineligibility, the offender may then make an application for parole under the Corrections and Conditional Release Act at the end of that reduced period.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if the offender is convicted of an offence committed on or after the day on which this subsection comes into force.

  • 1999, c. 25, s. 21(Preamble);
  • 2011, c. 2, s. 2.