INTRODUCTION AND BRIEF DESCRIPTION
This section applies to offenders convicted of murders committed after its coming into force and sentenced under certain Acts.
SECTION WORDING
745.21(2) Subsection (1) applies to an offender who is convicted of murders committed on a day after the day on which this section comes into force and for which the offender is sentenced under this Act, the National Defence Act or the Crimes Against Humanity and War Crimes Act.
EXPLANATION
Section 745.21(2) of the Criminal Code of Canada is a provision that concerns murderers who are sentenced under the Criminal Code of Canada, the National Defence Act, or the Crimes Against Humanity and War Crimes Act. When this section comes into effect, it applies to any individual who is convicted of a murder committed on the day after its implementation. Essentially, it places culpability for murder offences in a new legal context. This section of the Criminal Code of Canada is a response to public concerns regarding the sentencing of murderers. Prior to this section, offenders who were convicted of murder were often given life sentences, with the possibility of parole after serving 25 years. However, the new provision affirms what is known as the 'faint hope clause', which grants an offender the right to apply for parole in certain circumstances, even if they were sentenced to life imprisonment without parole eligibility. To avail of the faint hope clause, however, an offender must meet specific requirements. They must have served at least 15 years in prison and must show that they have reasonable prospects for rehabilitation. They must also prove that the early parole release would not harm society or public safety. Basically, the offender must convince the Parole Board of Canada that they are not a threat to society and that they are worthy of parole so they can re-enter society and society can gain from the offender's rehabilitation. In conclusion, Section 745.21(2) of the Criminal Code of Canada is a critical provision that offers convicted murderers the opportunity to apply for parole after serving 15 years of their sentence if they are still deemed a threat by the National Parole Board of Canada, despite it being an unpopular decision with the Canadian public.
COMMENTARY
Section 745.21(2) of the Criminal Code of Canada relates to an offender who has been sentenced for murder committed after the section's implementation. The subsection references section 745.21(1) of the Criminal Code of Canada, which provides a provision for parole ineligibility periods for those convicted of first-degree murder. The introduction of section 745.21 represented a significant shift in Canada's criminal justice system, as it allowed for periods of ineligibility for parole in cases of first-degree murder to be reduced to 25 years. Before its enactment, first-degree murderers were subject to a life sentence without any eligibility for parole for 25 years. There are certain criteria that must be met before a reduction in parole ineligibility can be granted to a convicted offender. The criteria include the age of the offender at the time of the offence, the degree of planning and deliberation involved in the crime, whether the murder was committed with the use of a firearm, and whether the victim was in a vulnerable position. Section 745.21(2) is a vital subsection not just for the offenders, but also for the criminal justice system. For example, it helps in reducing the number of offenders that remain in prison despite being eligible for parole because the parole board is dedicated to be strict in their discretion and decision-making, particularly regarding those who have committed the most heinous crimes. The presence of this subsection also provides a more meaningful purpose to the criminal justice system by recognizing that murderers, even those who have committed first-degree murder, should have the opportunity to make amends and make meaningful contributions to society. However, there is also a section that permits sentence enhancement in cases of subsequent murder convicts, making it difficult for convicted offenders to have an opportunity to be granted parole under the provisions of this section. In conclusion, Section 745.21(2) represents a significant shift in Canada's criminal justice system. By providing those convicted of first-degree murder with the opportunity to be eligible for parole, this section recognizes the importance of rehabilitation and acknowledges that offenders have the capacity to be reintegrated into society. However, while this section represents a step forward in criminal justice reform, it is clear that there are still areas for improvement, particularly with regards to the provision of sentence enhancements and the exercise of discretion in granting parole.
STRATEGY
Section 745.21(2) of the Criminal Code of Canada allows for the possibility of retroactive parole eligibility for offenders who were sentenced to life imprisonment for murders committed after the section came into force. This section has been a contentious issue among legal professionals, victim advocacy groups, and the public in general. One of the key strategic considerations when dealing with section 745.21(2) is the need to balance the rights of the offender with the interests of victims and the community. While offenders have the right to seek parole under the law, victims and their families may feel that the granting of parole could undermine their sense of justice and security. Additionally, there may be concerns about the potential risks to public safety if offenders are released prematurely. Another strategic consideration is the need to balance the need for consistency in sentencing with the need for flexibility in rehabilitation. While some argue that retroactive parole eligibility undermines the deterrent effect of the criminal justice system, others argue that it can provide offenders with an incentive to engage in rehabilitation programs and demonstrate good behavior. The challenge is to find the right balance between these competing interests. One strategy that could be employed to address the concerns of victims and the public would be to establish a rigorous review process for retroactive parole eligibility. This process could involve comprehensive risk assessments, victim impact statements, and ongoing monitoring of the offender's behavior and compliance with parole conditions. Another strategy could be to focus on the provision of effective rehabilitative programs within the correctional system. If offenders can demonstrate genuine remorse and a commitment to personal growth and change, they may be more likely to be considered for parole. This could include programs focused on anger management, drug and alcohol treatment, and cognitive-behavioral therapy. A third strategy could be to provide more resources and support for victims and their families throughout the parole process. This could include access to victim advocates, counseling services, and regular updates on the offender's status. By providing more information and support, victims may feel more comfortable with the parole process and more confident in the decisions made by the parole board. Ultimately, there is no easy or straightforward solution to the challenges posed by section 745.21(2) of the Criminal Code of Canada. However, by taking a thoughtful and balanced approach that carefully considers the rights and interests of all stakeholders, it may be possible to find a way forward that best reflects our shared values of justice, fairness, and public safety.