Criminal Code

Marginal note:Hearing of application

• 745.63 (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.

• Definition of victim

  (2) In paragraph (1)(d), victim has the same meaning as in subsection 722(4).

• 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).