Life imprisonment in Canada

Life imprisonment in Canada is a criminal sentence for certain offences. Criminal laws allowing for life imprisonment are enacted by the Parliament of Canada and apply uniformly across the country.

High treason and first degree murder carry a mandatory sentence of life imprisonment with a full parole ineligibility period of 25 years. Previously, in the case of high treason or first-degree murder (where the offender has been convicted of a single murder) offenders could have their parole ineligibility period reduced to no less than 15 years under the Faint hope clause. However, this option under the Criminal Code was ended by Act of Parliament, effective as of December 2011.

Second degree murder also carries a mandatory sentence of life imprisonment but with a parole ineligibility period of between 10 years and 25 years. Courts will determine the parole ineligibility period based on the gravity of the offence. Contrary to common belief, public safety plays a lesser role given the fact that the offender will be subject to a life sentence and the Parole Board of Canada will presumably assess the present danger posed by the offender at the time of a parole application.

There is no guarantee that parole will be granted to an offender. If the Parole Board of Canada determines that an offender still poses a risk to society, that person may be detained in prison past the parole eligibility period.

The above penalties for murder apply when an offender is:

An offender who falls into (2) above, and who committed at least 2 (first or second-degree) murders after the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act came into effect, may be ordered by the trial judge to serve greater than 25 years of a life sentence before being eligible to apply for full parole. This provision allowing for consecutive sentencing in multiple murder cases came into force on December 2, 2011. It has been applied in several cases since that time, including Travis BaumgartnerJustin Bourque, Christopher Husbands, John Paul Ostamas, and Douglas Garland sentenced to parole ineligibility terms of 40, 75, 30, 75 and 75 years, respectively.

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