Life imprisonment in Canada: Difference between revisions
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Life imprisonment in [[Canada]] means that an [[offender]] will be under state supervision, whether in prison or in the community. [[High treason]] and [[first degree murder]] carry a [[mandatory sentence]] of life imprisonment with a parole ineligibility period of 25 years, but in the case of first-degree murder |
Life imprisonment in [[Canada]] means that an [[offender]] will be under state supervision, whether in prison or in the community. [[High treason]] and [[first degree murder]] carry a [[mandatory sentence]] of life imprisonment with a parole ineligibility period of 25 years, but in the case of high treason or first-degree murder (where the offender has been convicted of a single murder) could have their parole ineligibility period reduced to no less than 15 years under the [[Faint hope clause]]. |
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[[Second degree murder]] carries a mandatory sentence of life imprisonment with a parole ineligibility period of |
[[Second degree murder]] carries a mandatory sentence of life imprisonment with a parole ineligibility period of 10–25 years. |
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There is no guarantee that parole will be granted to an offender, as if the [[National Parole Board]] determines that an offender still poses a risk to society, that person may be detained in prison past the parole eligibility period.<ref>[http://everything2.com/e2node/Criminal%2520Code%2520of%2520Canada%2520-%2520Part%2520XXIII.3%2520Sentencing%2520continued Criminal Code of Canada]</ref> |
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The [[Canadian court system|courts]] may apply a [[dangerous offender]] designation, which is in fact an indeterminate sentence: no minimum and no maximum, but a parole review occurs after 7 years and every 2 years after that. Current sentencing guidelines ensure that except in the case of murder, both a life sentence and the "dangerous offender" designation are rarely used, even when the offender is found guilty for particularly grievous offences. |
The [[Canadian court system|courts]] may apply a [[dangerous offender]] designation, which is in fact an indeterminate sentence: no minimum and no maximum, but a parole review occurs after 7 years and every 2 years after that. Current sentencing guidelines ensure that except in the case of murder, both a life sentence and the "dangerous offender" designation are rarely used, even when the offender is found guilty for particularly grievous offences. |
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Offenses under the ''Criminal Code of Canada'' that carry a maximum penalty of life imprisonment in Canada (with a parole ineligibility period of 7 years) include [[treason]], [[piracy]], [[mutiny]], hijacking, endangering the safety of an aircraft or an airport, endangering the safety of a ship or fixed platform, [[robbery]], breaking and entering into a dwelling house, [[kidnapping]], [[attempted murder]], [[manslaughter]], accessory after fact to murder, causing death by street racing, impaired driving causing death, causing death by criminal negligence, killing an unborn child in the act of birth, and [[aggravated sexual assault]] |
Offenses under the ''Criminal Code of Canada'' that carry a maximum penalty of life imprisonment in Canada (with a parole ineligibility period of 7 years) include [[treason]], [[piracy]], [[mutiny]], hijacking, endangering the safety of an aircraft or an airport, endangering the safety of a ship or fixed platform, [[robbery]], breaking and entering into a dwelling house, [[kidnapping]], [[attempted murder]], [[manslaughter]], accessory after the fact to murder, causing death by street racing, impaired driving causing death, causing death by criminal negligence, killing an unborn child in the act of birth, and [[aggravated sexual assault]]. |
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Under the ''Controlled Drugs and Substances Act'', trafficking, exporting or production of schedule I or II substances carries a potential life sentence. |
Under the ''Controlled Drugs and Substances Act'', trafficking, exporting or production of schedule I or II substances carries a potential life sentence. |
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Revision as of 11:51, 24 November 2009
Life imprisonment in Canada means that an offender will be under state supervision, whether in prison or in the community. High treason and first degree murder carry a mandatory sentence of life imprisonment with a parole ineligibility period of 25 years, but in the case of high treason or first-degree murder (where the offender has been convicted of a single murder) could have their parole ineligibility period reduced to no less than 15 years under the Faint hope clause.
Second degree murder carries a mandatory sentence of life imprisonment with a parole ineligibility period of 10–25 years.
There is no guarantee that parole will be granted to an offender, as if the National Parole Board determines that an offender still poses a risk to society, that person may be detained in prison past the parole eligibility period.[1]
The courts may apply a dangerous offender designation, which is in fact an indeterminate sentence: no minimum and no maximum, but a parole review occurs after 7 years and every 2 years after that. Current sentencing guidelines ensure that except in the case of murder, both a life sentence and the "dangerous offender" designation are rarely used, even when the offender is found guilty for particularly grievous offences.
Offenses under the Criminal Code of Canada that carry a maximum penalty of life imprisonment in Canada (with a parole ineligibility period of 7 years) include treason, piracy, mutiny, hijacking, endangering the safety of an aircraft or an airport, endangering the safety of a ship or fixed platform, robbery, breaking and entering into a dwelling house, kidnapping, attempted murder, manslaughter, accessory after the fact to murder, causing death by street racing, impaired driving causing death, causing death by criminal negligence, killing an unborn child in the act of birth, and aggravated sexual assault.
Under the Controlled Drugs and Substances Act, trafficking, exporting or production of schedule I or II substances carries a potential life sentence.