Criminal Code of Canada - section 743.6(1) - Power of court to delay parole

section 743.6(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for a court to order an offender to serve a minimum of half their sentence or 10 years before being eligible for full parole if they receive a sentence of two years or more for certain indictable offenses.

SECTION WORDING

743.6(1) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, where an offender receives, on or after November 1, 1992, a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for an offence set out in Schedule I or II to that Act that was prosecuted by way of indictment, the court may, if 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 or the objective of specific or general deterrence so requires, 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.

EXPLANATION

Section 743.6(1) of the Canadian Criminal Code pertains to the sentencing of offenders convicted of indictable offenses in Schedule I or II of the Corrections and Conditional Release Act (CCRA) and receiving a prison term of two years or more on or after November 1, 1992. This section grants the court the authority to order that the offender serves a minimum period of imprisonment before becoming eligible for parole. According to this section, the court has the discretion to make a penalty reduction order, allowing the offender to serve only one-half of their sentence before being considered for full parole, or ten years, whichever is less. The decision to impose a penalty reduction order depends on whether it facilitates the expression of the society's denunciation of the offense or objective of particular or general deterrence. This provision helps to harmonize the sentencing objectives of the CCRA with those of the Criminal Code. The court considers the circumstances under which the offense was committed and the character of the offender when deciding whether to grant a penalty reduction order. This process ensures that the punishment fits the crime and that the offender serves a sufficient period in custody before they can be released back into society. In conclusion, Section 743.6(1) of the Criminal Code recognizes that justice requires a proportional response to criminal offenses, implying that any offender must serve an appropriate period in custody to receive a parole hearing. The provision is intended to strike a balance between the objectives of protecting society from dangerous offenders and promoting rehabilitation by providing credible deterrence and fair punishment.

COMMENTARY

Section 743.6(1) of the Criminal Code of Canada is a provision that allows for the imposition of more stringent parole eligibility criteria on certain offenders who receive a sentence of imprisonment for two years or more. The provision was introduced in 1992 as part of the government's overhaul of the criminal justice system, which included changes to sentencing laws, the creation of new offences, and the establishment of new provisions for parole, among other reforms. The purpose of section 743.6(1) is to provide for increased emphasis on the denunciation and deterrence of certain serious offences, particularly those listed in Schedules I and II of the Corrections and Conditional Release Act, which includes offences such as murder, aggravated sexual assault, and major drug trafficking. Under the provision, a court may order that an offender must serve a greater portion of their sentence before becoming eligible for full parole, up to a maximum of ten years or half of their sentence, whichever is less, if certain criteria are met. The criteria that must be considered by the court before making such an order include the circumstances of the offence, as well as the character and circumstances of the offender. The court must be satisfied that the expression of society's denunciation of the offence or the objective of specific or general deterrence cannot be adequately achieved through the normal parole eligibility criteria. In other words, the court must determine that the offender poses a significant risk to society or that the offence was so severe that a longer period of incarceration is warranted to maintain public safety and uphold the principles of justice. The provision has been subject to debate and criticism since its introduction. Some argue that it goes against the principles of rehabilitation and reintegration, which are central to Canada's corrections system. Critics argue that the provision effectively imposes a "throw away the key" approach to sentencing, which may disproportionately affect certain groups, such as Indigenous people and those with mental health or addiction issues. They also argue that longer sentences do not necessarily lead to greater public safety or reduced rates of re-offending, and that other measures, such as community-based programs and services, may be more effective in reducing criminal behaviour. Others, however, argue that the provision is necessary to address the serious nature of certain offences and to ensure that dangerous offenders are kept off the streets for longer periods of time. They argue that the provision provides a mechanism for judges to consider the specific circumstances of individual cases and to tailor their sentencing decisions accordingly. They also note that the provision is not used in every case and that it is only applied when the circumstances of the offence and the offender's history warrant it. In conclusion, section 743.6(1) of the Criminal Code of Canada is a provision that allows for increased parole eligibility criteria for certain offenders convicted of serious offences. While it has been subject to criticism and debate, it also serves an important function in allowing judges to tailor their sentencing decisions to the specific circumstances of individual cases. Ultimately, the use of the provision must be guided by the principles of justice and public safety, and must take into account the needs of both offenders and society as a whole.

STRATEGY

Section 743.6(1) of the Criminal Code of Canada is a provision that allows a court to order an offender to serve half of their sentence before being eligible for full parole. This provision is only applicable to offenders who have received a sentence of two years or more and have committed an offence listed in Schedule I or II of the Corrections and Conditional Release Act. This provision is intended to ensure that offenders who have committed serious offences serve significant time in prison and are not released back into society until they have demonstrated that they are ready to abide by the law. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. One of the most important considerations is the nature of the offence committed by the offender. Offences that are listed in Schedule I or II of the Corrections and Conditional Release Act are considered to be serious and have the potential to cause harm to individuals or society as a whole. As a result, the court needs to carefully evaluate the circumstances of the offence and the risk that the offender poses to society. Another strategic consideration when dealing with this section of the Criminal Code of Canada is the character and circumstances of the offender. The court needs to assess the offender's level of risk and determine if they are likely to reoffend if released back into society. The court also needs to consider other factors such as the offender's mental health, their family situation, and their employment history. The court must balance the need for public safety with the need to rehabilitate the offender and reintegrate them back into society. One strategy that could be employed when dealing with this section of the Criminal Code of Canada is to conduct a thorough risk assessment of the offender. This assessment should take into account the offender's criminal history, their history of drug or alcohol abuse, and any other factors that may indicate a risk of reoffending. If the offender is deemed to be a high-risk offender, the court may order them to serve the full sentence before being eligible for parole. Another strategy that could be employed when dealing with this section of the Criminal Code of Canada is to provide the offender with access to rehabilitation programs while they are serving their sentence. These programs may include substance abuse treatment, anger management, or vocational training. By providing the offender with access to these programs, they may be better prepared to reintegrate into society and avoid reoffending. In conclusion, Section 743.6(1) of the Criminal Code of Canada is an important provision that allows the court to ensure that offenders who have committed serious offences serve a significant amount of time in prison. When dealing with this section, the court must carefully evaluate the offender's risk level and balance the need for public safety with the need to rehabilitate the offender. Strategies such as conducting a thorough risk assessment and providing access to rehabilitation programs can help to ensure that the offender is prepared to reintegrate into society and avoid reoffending.