section 727(5)


This section does not apply to a person referred to in paragraph 745(b).


727(5) This section does not apply to a person referred to in paragraph 745(b).


Section 727(5) of the Criminal Code of Canada is a provision that exempts individuals who fall under paragraph 745(b) from the application of this section. This exemption is particularly relevant in the context of pardons, which is the purpose of section 727. Individuals who have been convicted of a criminal offense in Canada are entitled to seek a pardon under section 727 of the Criminal Code. A pardon is a legal process that declares a person's criminal record to be null and void. In other words, the individual is deemed to have never been convicted of the crime, and their record is erased. However, under section 727(5) of the Criminal Code, individuals who fall under paragraph 745(b) are excluded from this process. Paragraph 745(b) refers to individuals found guilty of first-degree murder, who are subject to a mandatory life sentence without the possibility of parole for 25 years. The logic behind this exclusion is due to the severity of the crime of first-degree murder. Individuals found guilty of committing such an offense are deemed to have committed an act that is so heinous that they should not be entitled to a pardon. In some ways, the exclusion is a form of punishment that extends beyond the sentence imposed by the court. In conclusion, section 727(5) of the Criminal Code of Canada is a provision that excludes individuals who have been convicted of first-degree murder from being eligible for a pardon. While some may view this as a harsh exclusion, it reflects the seriousness with which the Canadian legal system views the crime of first-degree murder.


Section 727(5) of the Criminal Code of Canada is a provision that exempts certain individuals from the effects of section 727. The provision is expressed in uncomplicated language, stating that the effect of section 727 does not apply to those persons referred to in paragraph 745(b). Section 727 is essentially a provision related to a suspended sentence. It states that when a person is convicted of an offense and given a suspended sentence, this sentence will be considered to include time spent in custody before trial and sentencing of such period has not been credited against his or her sentence. In other words, if an individual is sentenced to a period of suspended imprisonment and has spent time in custody before trial or sentencing, that time will generally not be credited towards the sentence given. Section 727 is therefore an important provision for determining how prior custody is taken into account in the sentencing process for individuals who receive a suspended sentence. However, section 727(5) carves out an exception to this provision by excluding persons who fall under paragraph 745(b). This paragraph of the Criminal Code pertains to individuals who are deemed dangerous offenders. People who are judged dangerous offenders are considered to be a significant threat to the safety of society and are therefore subjected to stringent rules for imprisonment and treatment. Once the court has declared a person to be a dangerous offender, they may be held in custody indefinitely, or until such time that they can be deemed fit for release by the court. Given how dangerous offenders are dealt with by the Criminal Code, it is not surprising that they should be exempted from certain provisions of the Code, such as section 727. Dangerous offenders are subjected to an entirely different set of sentencing considerations, which are designed to keep them off the streets permanently, or for as long as possible. People who fall into this category are considered to be too dangerous to be left to their own devices, and therefore the sentencing considerations involving them must be carefully crafted to ensure that public safety is always the top priority. In summary, section 727(5) represents an important exemption to the provisions of the Criminal Code, as it recognizes that there are some individuals who must be treated differently, especially with regard to sentencing. Dangerous offenders are some of the most dangerous people in society and require a different approach to both their sentencing and their imprisonment. By recognizing this reality, the Criminal Code ensures that these people are kept off the streets for as long as they are deemed to be a danger to public safety.


Section 727(5) of the Criminal Code of Canada provides an exemption from the normal sentencing provisions for an offender who pleads guilty to an offence. This exemption, however, does not apply to certain types of offenders referred to in paragraph 745(b) of the Code. As a result, there are strategic considerations and potential strategies that lawyers and their clients should keep in mind when dealing with this section of the Criminal Code. One of the strategic considerations when dealing with section 727(5) is understanding precisely who is covered by paragraph 745(b). This paragraph applies to offenders who have been convicted of first-degree murder and are facing a sentence of life imprisonment without parole eligibility for a minimum of 25 years. These offenders are considered among the most serious and dangerous in society, and as such, they are subject to a separate, specialized sentencing regime under the Code. Another strategic consideration is determining whether a plea bargain can be reached with the Crown that would satisfy the interests of justice while still achieving the goals of sentencing. A plea bargain might involve the offender pleading guilty to a lesser offence that is not subject to the limitations of section 727(5), thereby avoiding the mandatory minimum sentence for a first-degree murder conviction. However, such a plea bargain would need to be carefully evaluated to determine whether it is in the client's best interests. A third strategic consideration is whether the offender's situation meets the exceptional circumstances test under paragraph 745.4(1)(b) of the Code. If an offender can demonstrate that their case meets this test, they may be eligible for a sentence of life imprisonment with parole eligibility after less than 25 years. However, meeting the exceptional circumstances test is difficult, and only a limited number of offenders will be able to meet this criteria. Finally, it is important to understand the potential consequences of pleading guilty to an offence that is subject to the provisions of section 727(5) of the Code. Although this section does not apply to offenders covered by paragraph 745(b), it does set out lesser maximum penalties for offenders who plead guilty to certain other offences. Therefore, a plea bargain that involves pleading guilty to an offence that is subject to section 727(5) must be carefully considered to ensure that the consequences of the plea are fully understood. In conclusion, dealing with section 727(5) of the Criminal Code of Canada involves careful strategic considerations and a thorough understanding of the applicable law and sentencing regime. These considerations and strategies must be tailored to each individual case to ensure that the interests of justice are met while achieving a just and expeditious outcome for the offender.