Judicial Review of Parole Ineligibility
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General Principles
- Application for judicial review
745.6 (1) Subject to subsections (2) to (2.6) [circumstances eligible for review of parole ineligibility], a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of imprisonment without eligibility for parole if the person
- (a) has been convicted of murder or high treason;
- (a.1) committed the murder or high treason before the day on which this paragraph comes into force;
- (b) has been sentenced to imprisonment for life without eligibility for parole until more than fifteen years of their sentence has been served; and
- (c) has served at least fifteen years of their sentence.
- Exception — multiple murderers
(2) A person who has been convicted of more than one murder may not make an application under subsection (1) [application for judicial review of parole ineligibility], whether or not proceedings were commenced in respect of any of the murders before another murder was committed.
- Less than 15 years of sentence served
(2.1) A person who is convicted of murder or high treason and who has served less than 15 years of their sentence on the day on which this subsection comes into force may, within 90 days after the day on which they have served 15 years of their sentence, make an application under subsection (1) [application for judicial review of parole ineligibility].
- At least 15 years of sentence served
(2.2) A person who is convicted of murder or high treason and who has served at least 15 years of their sentence on the day on which this subsection comes into force may make an application under subsection (1) [application for judicial review of parole ineligibility] within 90 days after
- (a) the end of five years after the day on which the person was the subject of a determination made under subsection 745.61(4) [timing of re new application if judge does not set new date] or a determination or conclusion to which subsection 745.63(8) [hearing before jury – if no decision re new application] applies; or
- (b) the day on which this subsection comes into force, if the person has not made an application under subsection (1) [application for judicial review of parole ineligibility].
- Non-application of subsection (2.2)
(2.3) Subsection (2.2) [application for judicial review of parole ineligibility – at least 15 years served] has no effect on a determination or decision made under subsection 745.61(3) [judge may reject application and delay or prevent new applications] or (5) [designation of judge to empanel jury] or 745.63(3) [hearing before jury – jury determines reduction unanimously], (5) [hearing before jury – jury determines amount of reduction by two-thirds vote] or (6) [hearing before jury – decision re new application] as it read immediately before the day on which this subsection comes into force. A person in respect of whom a time is set under paragraph 745.61(3)(a) [judge may reject application and delay new applications 5 years or more] or 745.63(6)(a) [hearing before jury – set new hearing in 5 years or more] as it read immediately before that day may make an application under subsection (1) [application for judicial review of parole ineligibility] within 90 days after the end of that time.
- Further five-year period if no application made
(2.4) If the person does not make an application in accordance with subsection (2.1) [application for judicial review of parole ineligibility – less than 15 years served], (2.2) [application for judicial review of parole ineligibility – at least 15 years served] or (2.3) [application of (2.2) re retrospective cases], as the case may be, they may make an application within 90 days after the day on which they have served a further five years of their sentence following the 90-day period referred to in that subsection, as the case may be.
- Subsequent applications
(2.5) A person who makes an application in accordance with subsection (2.1) [application for judicial review of parole ineligibility – less than 15 years served], (2.2) [application for judicial review of parole ineligibility – at least 15 years served] or (2.3) [application of (2.2) re retrospective cases], as the case may be, may make another application under subsection (1) [application for judicial review of parole ineligibility] within 90 days after
- (a) the end of the time set under paragraph 745.61(3)(a) [judge may reject application and delay new applications 5 years or more] or 745.63(6)(a) [hearing before jury – set new hearing in 5 years or more], 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) [timing of re new application if judge does not set new date] or a determination or conclusion to which subsection 745.63(8) [hearing before jury – if no decision re new application] applies, if the person is the subject of such a determination or conclusion.
- Subsequent applications
(2.6) A person who had made an application under subsection (1) [application for judicial review of parole ineligibility] as it read immediately before the day on which this subsection comes into force, whose application was finally disposed of on or after that day and who has then made a subsequent application may make a further application in accordance with subsection (2.5) [application for judicial review of parole ineligibility – subsequent application], if either paragraph (2.5)(a) [application for judicial review of parole ineligibility – murder or high treason – subsequent application] or (b) [application for judicial review of parole ineligibility – life with 15 years or more – subsequent application] is applicable.
(2.7) The 90-day time limits for the making of any application referred to in subsections (2.1) to (2.5) [application for judicial review of parole ineligibility – more than 15 years served] may be extended by the appropriate Chief Justice, or his or her designate, to a maximum of 180 days if the person, due to circumstances beyond their control, is unable to make an application within the 90-day time limit.
(2.8) If a person convicted of murder does not make an application under subsection (1) [application for judicial review of parole ineligibility] within the maximum time period allowed by this section, the Commissioner of Correctional Service Canada, or his or her designate, shall immediately notify in writing a parent, child, spouse or common-law partner of the victim that the convicted person did not make an application. If it is not possible to notify one of the aforementioned relatives, then the notification shall be given to another relative of the victim. The notification shall specify the next date on which the convicted person will be eligible to make an application under subsection (1) [application for judicial review of parole ineligibility].
(3) For the purposes of this section and sections 745.61 to 745.64 [proceedings re reduction of parole ineligibility (faint hope)], the appropriate Chief Justice is
- (a) in relation to the Province of Ontario, the Chief Justice of the Ontario Court;
- (b) in relation to the Province of Quebec, the Chief Justice of the Superior Court;
- (c) in relation to the Province of Newfoundland and Labrador, the Chief Justice of the Supreme Court, Trial Division;
- (d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen’s Bench;
- (e) in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Chief Justice of the Supreme Court; and
- (f) in relation to Yukon, the Northwest Territories and Nunavut, the Chief Justice of the Court of Appeal.
1993, c. 28, s. 78; 1995, c. 22, s. 6; 1996, c. 34, s. 2; 1998, c. 15, s. 20; 2002, c. 7, s. 146; 2011, c. 2, s. 3; 2015, c. 3, s. 55.
[annotation(s) added]– CCC