INTRODUCTION AND BRIEF DESCRIPTION
The jury may determine when an applicant may make another application for parole reduction or decide that they cannot make another application.
SECTION WORDING
745.63(6) If the applicant’s number of years of imprisonment without eligibility for parole is not reduced, the jury may (a) set a time, no earlier than five years after the date of the determination or conclusion under subsection (4), at or after which the applicant may make another application under subsection 745.6(1); or (b) decide that the applicant may not make another application under that subsection.
EXPLANATION
Section 745.63(6) of the Criminal Code of Canada pertains to the process of applying for parole reduction for individuals serving life imprisonment sentences. In this section, the court specifies that if the applicant's years of imprisonment without parole eligibility are not reduced, the jury may either set a time for another application or deny the applicant any further opportunity to apply for parole reduction. This section reflects the sentencing guidelines for individuals convicted of serious crimes in Canada. The Criminal Code of Canada imposes life imprisonment sentences on individuals who are found guilty of committing certain offenses, such as murder or high treason. However, the Code recognizes that some prisoners may be eligible for parole reduction if they have demonstrated good behavior and shown remorse for their actions. The parole reduction process requires a jury to review the applicant's case and determine whether they meet the criteria for parole eligibility. If the jury grants the applicant parole eligibility, they will be able to apply for early release after serving a certain period in prison. However, if the applicant's parole eligibility is not granted, they have the option to make another application. Section 745.63(6) outlines that the jury may set a time, no earlier than five years after the first application, at or after which the applicant may make another application. Alternatively, the jury may decide that the applicant is not eligible to make another application, effectively denying them any further opportunity for parole reduction. Overall, Section 745.63(6) plays a crucial role in the Canadian criminal justice system by providing a clear framework for parole reduction eligibility and application. This section ensures that life imprisonment sentences are fair and just by allowing individuals to have a chance to demonstrate their rehabilitation and turn their lives around.
COMMENTARY
Section 745.63(6) of the Criminal Code of Canada pertains to the eligibility for parole of individuals serving a life sentence with no eligibility for parole. This section outlines the options available to a jury after an applicant has made a parole eligibility application under subsection 745.6(1) and their number of years of imprisonment without parole eligibility has not been reduced. In such a scenario, the jury may either set a time, no earlier than five years after the date of the determination, or conclude that the applicant may not make another application under that subsection. This section of the Criminal Code of Canada highlights the importance of parole eligibility for individuals serving life sentences, and how juries play a crucial role in determining the fate of these applicants. Life sentences are known to be a contentious issue, with many opposing it as being either too lenient or too severe depending on their beliefs. Nonetheless, the Criminal Code of Canada mandates that individuals serving life sentences must have a chance at parole eligibility. The significance of this section is further revealed by its contextualization within the broader framework of life sentencing in Canada. While individuals serving life sentences are automatically eligible for parole after 25 years, those who are given life sentences with no eligibility for parole face a different set of circumstances. This is because they are barred from making a parole eligibility application until at least 15 years have passed, and even then, the onus is on them to prove that there has been a fundamental change" in their character or behavior. Section 745.63(6) of the Criminal Code of Canada appears to acknowledge these challenges, as it offers applicants an avenue to seek changes in their parole eligibility status. If the applicant's sentence is not reduced, the jury in charge of their case will decide whether they can make another application under subsection 745.6(1). If the jury agrees that the applicant deserves another chance, they will set a time for the next application. This provides applicants with a path forward, a goal to work towards, and a chance to rebuild themselves with the hope of regaining their freedom. On the other hand, if the jury feels that the applicant has not made significant progress and is not worthy of another chance, they may elect to deny them permission to apply for parole eligibility. The significance of this section of the Criminal Code extends beyond the obvious legal context and has broader societal implications. While some may argue that life without parole is a necessary punishment for severe crimes, this section demonstrates that the law recognizes the potential for change and the need for rehabilitation. By granting applicants the opportunity to request another review of their parole eligibility status, the law acknowledges that individuals serving life sentences can change and reform. In conclusion, section 745.63(6) of the Criminal Code of Canada highlights the importance of parole eligibility for individuals serving life sentences in Canada. It recognizes that an opportunity for change and rehabilitation is necessary and provides a path forward for those seeking redemption. However, it also acknowledges the gravity of the crime committed and places the responsibility of deciding the fate of these applicants in the hands of juries. Ultimately, this section of the Criminal Code of Canada reflects a delicate balance between recognizing the potential for rehabilitation and ensuring public safety.
STRATEGY
Section 745.63(6) of the Criminal Code of Canada provides a mechanism through which an applicant who has been convicted of murder may apply for parole after serving a minimum number of years of imprisonment without eligibility for parole. The operation of this section involves various strategic considerations for the applicant, his counsel and the Crown, which must be carefully navigated in order to achieve the desired outcome. One of the most significant strategic considerations when dealing with this section is the nature of the applicant's offense and the circumstances of the crime. Section 745.63(6) applies only to individuals convicted of first degree murder, which implies that the crime was premeditated and carried out with malice aforethought. Such crimes are considered the most serious in Canadian criminal law and are therefore subject to the harshest penalties, including life imprisonment without parole eligibility. Given the seriousness of the crime, an applicant seeking parole under this provision will need to present compelling evidence that he has been rehabilitated and is no longer a threat to society. This may require the assistance of experts such as psychologists, psychiatrists, and correctional professionals who can testify to the applicant's progress and capacity for reform. The applicant's counsel may also need to make strategic choices about how to present the evidence in order to maximize its impact on the jury. One strategy that could be employed in this regard is to focus on the applicant's personal transformation since the time of the crime. This could involve presenting evidence of his participation in rehabilitation programs, his efforts to educate himself while in prison, and his demonstration of remorse and understanding of the harm caused by his actions. Such evidence can be powerful in humanizing the applicant and showing that he has taken responsibility for his actions. Another strategic consideration when dealing with this section is the composition of the jury itself. Since the decision to grant or deny the application is made by a jury rather than a judge, the applicant's counsel will need to be adept at selecting jurors who are likely to be sympathetic to their client's circumstances. This may involve conducting extensive research into the backgrounds and beliefs of potential jurors, as well as using peremptory challenges to exclude those who are perceived to be unfavorable. In addition to these considerations, there may also be strategic considerations related to the timing of the application and the overall legal strategy employed by the applicant's counsel. For example, it may be more effective to wait until after a certain period of time has passed before making the application, as this will allow the applicant to present more evidence of his rehabilitation. Similarly, the applicant's counsel may choose to focus on legal arguments related to procedural issues or Charter rights in order to improve the chances of success. In conclusion, section 745.63(6) of the Criminal Code of Canada presents a complex set of strategic considerations for applicants seeking parole after serving a minimum number of years of imprisonment without eligibility for parole. Lawyers representing such applicants must consider factors such as the nature of the crime, the evidence of rehabilitation, the composition of the jury, and the legal strategy to employ. By carefully navigating these considerations, lawyers may be able to significantly improve their client's chances of success.