INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the sentence to be pronounced for a person to be sentenced to imprisonment for life based on the nature of the offence.
SECTION WORDING
745 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.
EXPLANATION
Section 745 of the Criminal Code of Canada outlines the sentencing guidelines for individuals who have been convicted of certain crimes and face a life sentence. These crimes include high treason, first degree murder, second degree murder, and certain other offences such as terrorism or crimes against humanity. In cases of high treason or first degree murder, the sentencing guidelines mandate that the individual receive a life imprisonment sentence without eligibility for parole until they have served 25 years of their sentence. This means that the individual will not be considered for early release until they have served at least 25 years of their sentence. For individuals convicted of second degree murder who have previously been convicted of culpable homicide, the guideline is the same as for high treason or first degree murder. The same sentencing guideline applies to those convicted of second degree murder who have previously been convicted of an offence under section 4 or 6 of the Crimes Against Humanity and War Crimes Act that involved intentional killing. For individuals convicted of second degree murder who do not fall under the above-mentioned categories, the guideline mandates a life imprisonment sentence without eligibility for parole until the individual has served at least 10 years of their sentence. The individual may be considered for early release after 10 years, but could be required to serve up to 25 years before being considered for parole. For individuals convicted of any other offence who are facing a life sentence, the guideline allows for normal eligibility for parole. This means that the individual may be considered for early release after serving a portion of their sentence depending on the terms of the sentence and the discretion of the parole board. Overall, the guidelines set out in Section 745 of the Criminal Code of Canada ensure that individuals convicted of certain serious crimes face appropriate and consistent sentencing, while balancing the need for rehabilitation and early release for some offenders.
COMMENTARY
Section 745 of the Criminal Code of Canada outlines the sentencing principles that apply to individuals who are sentenced to life imprisonment. The section provides a framework for the court to consider when determining an appropriate sentence for an individual who has been found guilty of an offence carrying a maximum penalty of life imprisonment. Firstly, the section distinguishes between different categories of individuals who are to be sentenced. Individuals convicted of high treason or first-degree murder are subject to a sentence of life imprisonment without eligibility for parole until they have served a minimum of 25 years. This is a particularly severe sentence that is reserved for the most serious offences. The purpose of this sentence is to ensure that those who are guilty of the most egregious crimes are held accountable for their actions and removed from society for a significant period of time. Secondly, the section provides for more lenient sentences where appropriate. Individuals convicted of second-degree murder are subject to a sentence of life imprisonment but are eligible for parole after they have served a minimum of 10 years. In certain cases, the court may substitute a greater number of years before eligibility for parole, up to a maximum of 25 years. This provision recognizes that not all cases of murder are equally heinous and that the court should have discretion to impose a fair and proportional sentence in each case. Thirdly, the section imposes a mandatory sentence of life imprisonment without parole for individuals convicted of second-degree murder who have previously been convicted of murder or an intentional killing under the Crimes Against Humanity and War Crimes Act. This provision acknowledges the seriousness of repeat offenders and the need to protect society from individuals who have previously demonstrated their disregard for human life. Overall, section 745 of the Criminal Code of Canada strikes a balance between punitive and rehabilitative measures in the criminal justice system. The section recognizes that there are some acts that are so heinous that they require a severe sentence to hold offenders accountable and protect society. At the same time, the section acknowledges that not all offenders are equally culpable and that there should be room for discretion when sentencing individuals. Ultimately, the goal of the section is to promote justice and accountability while also ensuring that the sentence imposed is proportionate to the seriousness of the offence and the circumstances surrounding it.
STRATEGY
Strategic considerations when dealing with section 745 of the Criminal Code of Canada include understanding the various sentencing options available, building a strong case for parole eligibility, and advocating for rehabilitation and reintegration programs for offenders. One strategy that could be employed is to focus on the offender's history and the circumstances surrounding their offence. For example, if the offender has a history of mental illness, addiction, or trauma, advocates could argue that they are more likely to benefit from rehabilitation and should be eligible for parole sooner than the minimum 10-year sentence required by law. Another strategy could be to emphasize the importance of rehabilitation and reintegration programs for offenders. By providing offenders with access to education, job training, and mental health services, they are more likely to successfully reintegrate into society and less likely to reoffend. Advocates could argue that denying offenders access to these programs would be counterproductive and ultimately more costly in terms of both human and financial resources. Advocates could also consider collaborating with organizations and individuals who specialize in criminal justice reform. By working together, they can build a stronger case for parole eligibility and advocate for systemic changes that prioritize rehabilitation and reintegration over punitive measures. Ultimately, the key strategic consideration when dealing with section 745 is to approach each case with empathy and nuance, recognizing that each offender has a unique set of circumstances and deserves to be treated as an individual. By focusing on rehabilitation and reintegration rather than simply punishing offenders, advocates can help create a criminal justice system that is both more effective and more just.