Criminal Code of Canada - section 743.6(1.2) - Power of court to delay parole

section 743.6(1.2)

INTRODUCTION AND BRIEF DESCRIPTION

This section mandates a minimum parole ineligibility period of one half of the sentence or ten years, whichever is less, for offenders receiving a sentence of imprisonment of two years or more for terrorism or certain offences, unless the court is satisfied that a different period is necessary for deterrence and denunciation purposes.

SECTION WORDING

743.6(1.2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for a terrorism offence or an offence under section 467.11, 467.12 or 467.13, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

EXPLANATION

Section 743.6(1.2) of the Criminal Code of Canada addresses the sentencing and potential parole eligibility of offenders who have been convicted of terrorism offences or offences under certain sections of the Code related to organized crime. If an offender receives a sentence of imprisonment of two years or more, the court is required to order that the portion of the sentence that must be served before the offender is eligible for full parole is one half of the sentence or ten years, whichever is less. This provision overrides section 120 of the Corrections and Conditional Release Act, which allows for a parole eligibility period of one third of the sentence for most offenders. However, the court may deviate from this rule if it is satisfied, based on the circumstances of the offence and the offender, that a shorter or longer period of parole ineligibility would better serve the goals of denunciation and deterrence. This allows for the individualization of sentences and takes into account factors such as the offender's criminal history, level of involvement in the offence, and need for rehabilitation. Overall, this provision reflects the seriousness with which Canada takes offences related to terrorism and organized crime, and seeks to ensure that those who commit such offences are held accountable for their actions and are not released back into society prematurely.

COMMENTARY

Section 743.6(1.2) of the Criminal Code of Canada is an important piece of legislation that applies specifically to offenders who have been convicted of terrorism offences or offences under section 467.11, 467.12, or 467.13. The purpose of this section is to ensure that the offender serves a significant portion of their sentence in custody before they are eligible for parole. This section specifies that, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, the court must order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less. This means that even if an offender is sentenced to life imprisonment, they must serve a minimum of ten years before they are eligible for full parole. The purpose of this provision is to ensure that offenders who are convicted of serious offences, particularly those related to terrorism, face appropriate consequences for their actions. By requiring offenders to serve a significant portion of their sentence before they are eligible for parole, the section ensures that they are held accountable for their actions and that they do not pose a continued threat to society. However, it is important to note that the section also contains a provision that allows for a period of parole ineligibility to be determined in accordance with the Corrections and Conditional Release Act. This provision recognizes that there may be circumstances where a shorter period of parole ineligibility would be appropriate, such as where an offender has demonstrated significant rehabilitation or where longer periods of parole ineligibility would not serve the goals of denunciation and deterrence. Overall, the purpose of Section 743.6(1.2) of the Criminal Code is to ensure that offenders who are convicted of terrorism offences or serious offences related to organized crime face appropriate consequences for their actions. By requiring a significant period of parole ineligibility, the section ensures that society is protected from these individuals and that their actions are appropriately condemned. At the same time, the provision recognizes that there may be circumstances where a shorter period of parole ineligibility is appropriate and allows for these circumstances to be taken into account.

STRATEGY

Section 743.6(1.2) of the Criminal Code of Canada lays out the mandatory minimum sentence that must be served before release on full parole for offenders convicted of terrorism offences or offences under sections 467.11, 467.12 or 467.13. To effectively deal with this section of the Criminal Code of Canada, several strategic considerations must be taken into account. Additionally, employing certain strategies could help ensure that the offenders adequately serve their sentence while also addressing the objectives of the Criminal Code. One strategic consideration when dealing with this section of the Criminal Code of Canada is to assess the circumstances of the case. The nature and the severity of the offence must be considered when deciding whether to impose a mandatory minimum sentence or not. The Crown must prove beyond a reasonable doubt that an individual is guilty of the offence to impose a mandatory minimum sentence. In cases where the mandatory minimum sentence is imposed, it is crucial to ensure that the sentence is not unduly harsh and that it aligns with the principles of proportionality and fairness. Another strategic consideration is to examine the character and circumstances of the offender. This includes factors like their age, background, criminal record, and other relevant considerations. By considering these factors, the court can determine if the individual is a danger to society and whether community protection should be prioritized over rehabilitation. The goal should be to find the right balance between punishment and rehabilitation while also considering the offender's human rights. Employing certain strategies could help ensure that offenders adequately serve their sentence while fulfilling the objectives of specific and general deterrence. One strategy is to provide mental health treatment, education, and vocational training programmes to offenders. This can enhance their chances of successful rehabilitation, making them less likely to reoffend upon release. Another strategy is to consider alternatives to imprisonment. The use of community service and restorative justice programmes that focus on repairing the harm inflicted on the victim and the community can be beneficial in certain cases. Imprisonment should be a last resort as it has significant negative effects that can cause lasting harm to offenders and their families. Additionally, it may be necessary to conduct periodic assessments of the offender's progress and their level of risk as part of their rehabilitation. If it is determined that an offender is no longer a threat to society, they could be released on parole before the mandatory minimum sentence has been served. In conclusion, dealing with section 743.6(1.2) of the Criminal Code of Canada requires a detailed and strategic approach. The aim should be to balance the goals of deterrence, community protection, and rehabilitation while also ensuring that the human rights of the offender are respected. The strategy could include incorporating alternatives to imprisonment, periodic assessment of the offender's progress, and implementing rehabilitation programs to enhance their chances of successful reintegration back into society. By employing these strategies effectively, it is possible to ensure that offenders receive a fair and just sentence while also contributing towards a safer and more secure society.