section 745.6(2.5)

INTRODUCTION AND BRIEF DESCRIPTION

Allows a person to make another application under subsection (1) within 90 days after the end of the specified time or five years after a previous determination.

SECTION WORDING

745.6(2.5) A person who makes an application in accordance with subsection (2.1), (2.2) or (2.3), as the case may be, may make another application under subsection (1) within 90 days after (a) the end of the time set under paragraph 745.61(3)(a) or 745.63(6)(a), if a time is set under that paragraph; or (b) the end of five years after the day on which the person is the subject of a determination made under subsection 745.61(4) or a determination or conclusion to which subsection 745.63(8) applies, if the person is the subject of such a determination or conclusion.

EXPLANATION

Section 745.6(2.5) of the Criminal Code of Canada deals with the process of making an application for parole, also known as early release, by an individual who has been convicted of a criminal offence and is serving a sentence. This section sets out the requirements for such an application, as well as rules around the timing of subsequent applications. Under subsections (2.1), (2.2), and (2.3), an individual may apply for parole at various stages of their sentence, such as after serving one-third or half of their sentence. If the application is denied, the individual may make another application under subsection (1) within 90 days after certain events occur. The first event is the end of the time set under paragraph 745.61(3)(a) or 745.63(6)(a). These paragraphs refer to the time frame within which the Parole Board of Canada must make a decision on the initial application for parole. If this time frame expires without a decision, the individual may make another application. The second event is the end of five years after the day on which the individual is the subject of a determination made under subsection 745.61(4) or a determination or conclusion to which subsection 745.63(8) applies. These subsections deal with situations where the individual's application for parole was denied and they were deemed to be a high-risk offender based on their likelihood to reoffend. If the individual receives such a determination or conclusion, they must wait five years before making another application. Overall, section 745.6(2.5) is intended to ensure that individuals who have been denied parole have opportunities to make subsequent applications, while also allowing for proper assessments of their suitability for early release.

COMMENTARY

Section 745.6(2.5) of the Criminal Code of Canada provides individuals with the opportunity to make another application under subsection (1) within 90 days after the end of the time set under paragraph 745.61(3)(a) or 745.63(6)(a), or the end of five years after the day on which the person is the subject of a determination made under subsection 745.61(4) or a determination or conclusion to which subsection 745.63(8) applies. This section is significant as it allows for individuals to request a new trial or have their sentence reviewed after a certain period has passed, which could result in a change to their sentence or exoneration. One of the key benefits of this section is that it recognizes the possibility that individuals may have been wrongfully convicted or sentenced. In such cases, new evidence may come to light that could change the outcome of the trial or sentence. By providing individuals with the opportunity to make another application after a certain period has passed, this section acknowledges that new evidence can emerge long after the original trial or sentence has taken place, and that individuals should have the opportunity to be heard again based on such evidence. In addition, this section of the Criminal Code recognizes the importance of ensuring that individuals are not subjected to cruel and unusual punishment. The provision for a review of a sentence after five years ensures that sentences that were initially deemed appropriate or just may no longer apply based on changes in circumstances or new evidence. This is particularly important in cases where individuals have been sentenced to lengthy prison terms, as the length of the sentence may need to be reevaluated over time to ensure that it is still just and reasonable. Another benefit of this section is that it ensures that individuals are not permanently defined by their past mistakes or criminal convictions. A person may have made a mistake in their youth that led to a conviction, but may have since reformed and become a productive member of society. By allowing individuals to make another application under subsection (1) after a certain period has passed, this section recognizes that individuals should not be permanently defined by their past mistakes, and that they should have the opportunity to seek a fresh start after a period of time has passed. Overall, section 745.6(2.5) of the Criminal Code of Canada provides important protections for individuals who may have been wrongfully convicted or sentenced, or who may have changed significantly since their conviction or sentence. By recognizing the possibility of new evidence, changes in circumstances, and the potential for reform, this section supports the principles of justice, fairness, and rehabilitation that are central to the Canadian legal system.

STRATEGY

Section 745.6(2.5) of the Criminal Code of Canada provides for the possibility of making another application under subsection (1) within 90 days after certain events occur. This section creates some strategic considerations for individuals and their legal representatives who are seeking to utilize the provisions of the Criminal Code to seek a reduction in their sentence or eligibility for parole. Below are some key strategic considerations and potential strategies: 1. Timing: The timing of when to make an application is critical. For example, if an individual has been denied parole, they will have to wait five years before they can make another application, unless they can successfully appeal or find new evidence. Therefore, it may be advantageous to wait until closer to the end of the five-year period before making another application, so that the decision-makers will have more recent information. 2. Evidence: The quality and quantity of evidence presented in an application can greatly affect its likelihood of success. Therefore, it is important to gather as much relevant evidence as possible and present it in a clear and compelling manner. This may include things like character references, letters of support, and evidence of rehabilitation and remorse. 3. Legal representation: Having experienced legal representation can be a critical factor in the success of an application. A skilled lawyer can help to navigate the complex legal and procedural requirements of making an application, and they can also provide valuable strategic advice and advocacy. 4. Choosing the right type of application: There are different types of applications that can be made under subsections (2.1), (2.2) or (2.3), depending on the circumstances of the case. For example, an application under section 745.6(2.1) may be appropriate where there has been a change in the law or facts that would have affected the original sentence, while an application under section 745.6(2.2) may be appropriate where the individual has made significant efforts to rehabilitate themselves. Choosing the right type of application can increase the chances of success. 5. Engaging with decision-makers: It can be helpful to engage with the decision-makers who will be considering the application. This may involve attending parole hearings or contacting the National Parole Board in advance to provide additional information or context. Building a positive rapport with decision-makers can help to humanize the individual and demonstrate their capacity for rehabilitation. In summary, there are many strategic considerations when dealing with section 745.6(2.5) of the Criminal Code of Canada. Key strategies may include careful timing, gathering strong evidence, engaging with decision-makers and obtaining skilled legal representation. By employing these strategies, individuals may be able to increase their chances of success in seeking a reduction in their sentence or eligibility for parole.