INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the criteria that a jury must consider when determining whether to reduce an applicants number of years of imprisonment without eligibility for parole.
SECTION WORDING
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.
EXPLANATION
Section 745.63(1) of the Criminal Code of Canada outlines the criteria to be considered by a jury empanelled under subsection 745.61(5) in determining whether an applicant's number of years of imprisonment without eligibility for parole ought to be reduced. This section aims to provide a framework for the courts to assess an offender's eligibility for parole and ensure that the decision-making process is fair, transparent and based on objective considerations. The first criterion for consideration is the character of the applicant. This includes factors such as their level of remorse, their rehabilitation efforts and their prospects for reintegration into society. The second criterion is the applicant's conduct while serving the sentence, such as their compliance with institutional rules, their participation in programming and their efforts to improve themselves. The third criterion is the nature of the offence for which the applicant was convicted. This includes factors such as the severity of the offence, any aggravating or mitigating factors and the impact on the victim and society. The fourth criterion is any information provided by the victim at the time of the imposition of the sentence or at the time of the hearing under this section. This includes the victim's views on the offender's eligibility for parole and their impact statement. Finally, the fifth criterion is any other matters that the judge considers relevant in the circumstances. This provides the judge with the discretion to consider any additional factors that may be relevant, including the offender's mental health, their family and community support and any other mitigating circumstances. Overall, section 745.63(1) of the Criminal Code of Canada provides a structured approach for determining an offender's eligibility for parole and ensures that the decision-making process is fair and transparent. By considering a range of factors, the courts can make a well-informed decision on whether an offender should be eligible for parole and determine the appropriate length of their sentence.
COMMENTARY
Section 745.63(1) of the Criminal Code of Canada outlines the criteria that a jury must consider when deciding whether an applicant's number of years without eligibility for parole should be reduced. This section is a crucial part of the Canadian judicial system, as it allows for fair and just consideration of an applicant's situation, rather than simply mandating a set punishment. The first criteria specified in this section is the character of the applicant. This factor is an important one, as it takes into account the individual's history and overall behaviour. Understanding the character of the individual is key in deciding whether or not they are likely to re-offend or pose a threat to society if released. The applicant's conduct while serving their sentence is another important factor considered by the jury. This aspect of the criteria is critical because it allows jurors to assess whether the applicant has actively worked to better themselves while in prison. Evidence of positive change and personal growth can be a deciding factor in favour of reducing the number of years without parole eligibility. Additionally, the nature of the offence for which the applicant was convicted is taken into account. This measure recognizes that different crimes have varying degrees of severity and impact. Some offences, such as white-collar crimes, might not pose as much of a threat to public safety compared to violent crimes like murder. Determining the offence's nature and how it contributes to the overall situation is an essential part of making a fair decision. The next factor is the victim's information. This criterion highlights the importance placed on the victim's voice in the judicial process. Providing a victim's perspective allows for a better understanding of the impact of the offence on the victim and the victim's family, which can help to ensure justice is served and prevent repetitive patterns of crime. Lastly, the judge considers any other relevant information when deciding the applicant's eligibility for parole. This catch-all criterion ensures that all relevant information that may not have been explicitly identified in the previous criteria is given consideration. This factor is a crucial element in ensuring that a broad range of evidence is considered, allowing for an all-encompassing assessment to inform the decision-making process. Overall, this section of the Criminal Code of Canada provides a comprehensive framework for determining whether a person's sentence should be reduced. It is essential that the factors outlined in section 745.63(1) be considered in any serious criminal case, as this ensures that the decision is evidence-based and takes crucial considerations into account. Thanks to this section, the judicial system can more effectively ensure that justice is served and that both the society and the individual's welfare is taken into account.
STRATEGY
Section 745.63(1) of the Criminal Code of Canada establishes a criteria that the jury must consider in determining whether an applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The criteria are broad and leave room for interpretation. As such, strategizing how to present evidence and arguments is key. One strategic consideration is to assess the strengths and weaknesses of the evidence that will be presented. For example, evidence related to the character and conduct of the applicant could be compelling if the applicant has demonstrated significant rehabilitation and remorse. On the other hand, evidence related to the nature of the offence could be difficult to overcome if the offence was particularly egregious or involved harm to vulnerable victims. It is important to evaluate the evidence carefully to determine how to best present it to the jury. Another strategic consideration is to consider the factors that may influence the jury. The jury may be swayed by emotion, sympathy, or biases. It may be helpful to consider the composition of the jury and tailor arguments accordingly. Presenting a sympathetic or relatable applicant could be effective, but it is important to avoid presenting a one-sided portrayal that oversimplifies the offence or ignores the harm that was caused. A strategy that could be employed is to develop a cohesive narrative that highlights the applicant's journey and progress toward rehabilitation. This may involve presenting evidence from experts, witnesses, or the applicant themselves that demonstrates a commitment to growth, change, and responsibility. By presenting a clear and compelling narrative that is supported by evidence, the jury may be more likely to view the applicant favorably. Another strategy is to focus on mitigating factors that may have influenced the offence or the applicant's behavior. This could involve presenting evidence related to mental illness, trauma, addiction, or other factors that may have contributed to the offence. Framing the offence in this way may lead the jury to see the applicant in a more sympathetic light and consider the impact of these factors on the offence and the applicant's ability to rehabilitate. A final strategy is to be transparent and forthright about the offence and the harm that was caused. By acknowledging the damage that was done, the applicant can show that they are taking responsibility for their actions and are committed to making amends. This approach can demonstrate that the applicant is not simply seeking leniency but is genuinely remorseful and willing to accept the consequences of their actions. Overall, there are a range of strategic considerations that must be taken into account when presenting evidence and arguments under Section 745.63(1) of the Criminal Code of Canada. By carefully evaluating the evidence and the factors that may influence the jury, developing a compelling narrative, focusing on mitigating factors, and being transparent and forthright about the offence, an applicant may increase their chances of success in reducing their period of imprisonment without eligibility for parole.