Criminal Code of Canada - section 745.63(3) - Reduction

section 745.63(3)

INTRODUCTION AND BRIEF DESCRIPTION

Jury may unanimously reduce the number of years of imprisonment without parole for an applicant.

SECTION WORDING

745.63(3) The jury hearing an application under subsection (1) may determine that the applicant’s number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by unanimous vote.

EXPLANATION

Section 745.63(3) of the Criminal Code of Canada deals with the reduction of the number of years of imprisonment without parole eligibility. Generally speaking, this section applies in cases where a person has been sentenced to life imprisonment. Under the Criminal Code, a life sentence carries with it a period of time during which the convicted person cannot apply for parole. This period can vary depending on the circumstances of the case, but it is usually at least 10 years. Section 745.63(1) allows a person who has been sentenced to life imprisonment to apply to have their number of years of imprisonment without parole eligibility reduced. The application is heard by a jury, which is tasked with determining whether the applicant's number of years of imprisonment without parole eligibility ought to be reduced. If the jury determines that a reduction is warranted, it must make its decision by unanimous vote. This means that all members of the jury must agree that the reduction is appropriate. The purpose of this section is to provide a mechanism for certain offenders to seek a reduction in their period of imprisonment without parole eligibility. This may be particularly important in cases where the offender has shown significant rehabilitation or other mitigating factors that were not taken into account during the original sentencing process. It is important to note, however, that a reduction in the number of years of imprisonment without parole eligibility does not mean that the offender will automatically be released on parole. Rather, it simply means that the offender will be eligible to apply for parole earlier than they would have been otherwise. Overall, Section 745.63(3) of the Criminal Code of Canada provides an avenue for certain offenders to seek a reduced period of imprisonment without parole eligibility. This can be an important tool for ensuring that sentences are fair and proportionate to the circumstances of the case.

COMMENTARY

Section 745.63(3) of the Criminal Code of Canada is a provision that grants the power to a jury to reduce the number of years of imprisonment without eligibility for parole for a person who has been convicted of first or second-degree murder and has previously been sentenced to life imprisonment. This provision allows the convicted person to apply for a reduction in the number of years they have to serve before becoming eligible for parole. The provision empowers the jury to hear the application and make a determination on whether the convicted person deserves a reduction in their number of years of imprisonment without eligibility for parole. The jury's decision must be unanimous before a reduction can be granted to the convicted person. One of the primary goals of the provision is to offer a second chance to a convicted person who seems to have been rehabilitated while serving their sentence. In other words, the reduction in the number of years of imprisonment without eligibility for parole acts as an incentive for the convicted person to reform during their imprisonment. It also reflects the fact that people can and do change, and the justice system must consider these changes when deciding a sentence. The provision has its advantages and disadvantages. On the one hand, it recognizes the capacity of people to change and offers them a chance to prove that they have reformed. On the other hand, it is based on the assumption that a life sentence handed out to a convict who has committed murder is excessive, and that the punishment can be reduced over time. One of the main criticisms of this provision is that it does not consider the wishes of the victim's family in deciding if the prisoner should be released earlier on parole. The decision is made by the jury, who has no connection or relation to the convicted person or the victim's family. Another issue is that there is no clear guideline to determine what constitutes an appropriate reduction in the number of years of imprisonment without eligibility for parole. This lack of clarity can result in inconsistent decisions across different cases. Overall, Section 745.63(3) is a provision that reflects the Canadian justice system's emphasis on rehabilitation and second chances. It recognizes that people can change and offers them an opportunity to demonstrate that they have reformed. However, there are drawbacks to the provision that must be addressed, such as the victim's family's exclusion from this decision-making process and the lack of clarity in how these decisions are made.

STRATEGY

Section 745.63(3) of the Criminal Code of Canada provides a mechanism for offenders who have been given a life sentence without eligibility for parole to apply for a reduction in the number of years they must serve before they can become eligible for parole. This section is of significant importance to both offenders and their lawyers, and there are several strategic considerations they must keep in mind when dealing with this section. One of the most critical considerations is the timing of the application. According to the Criminal Code, offenders can only make an application for a reduction in the number of years they must serve after they have served at least 15 years of their sentence. This means that offenders need to carefully choose the right time to apply, taking into account their record in prison and any progress made towards rehabilitation. Some of the key factors to consider include whether the offender has taken steps to address the underlying reasons for their criminal behavior, whether they have completed any education or treatment programs, and whether they have been involved in any disciplinary incidents while in prison. Another strategic consideration is the presentation of evidence to the parole board. Offenders and their lawyers must be able to provide compelling evidence that a reduction in their sentence would be appropriate and in the interests of justice. This may involve presenting evidence of significant changes in the offender's behavior or circumstances, such as a successful track record in programming or education, as well as testimonials from family and friends who can speak to the offender's character and prospects for rehabilitation. The involvement of the victim is also a crucial consideration. Victims can play a significant role in the reduction of the sentence under section 745.63(3). They can participate in hearings, make statements, and provide input to the parole board. Therefore, it is in the interests of offenders and their lawyers to engage proactively with victims and their representatives and demonstrate the efforts they have undertaken to make amends for their crimes. Another strategic consideration is the jurisdiction in which the application is made. Section 745.63(3) applies only to federal offenders, and not those who may have been sentenced in a provincial court. Therefore, offenders may need to explore alternative avenues for seeking a sentence reduction, including provincial legislation or common law principles. In conclusion, there are several strategic considerations that offenders and their lawyers must keep in mind when dealing with section 745.63(3) of the Criminal Code of Canada. These include timing the application, presenting compelling evidence to the parole board, and engaging proactively with victims and their representatives. Considering these factors can help offenders to navigate the legal process and increase their chances of a successful outcome.