Judges Can Delay Parole Up to 40 Years

Summary#

This bill amends the Criminal Code to let judges set a longer period before parole (conditional release under supervision) for a specific group of the most serious cases. It applies when the same victim suffers abduction, sexual assault, and murder in the same event or series of events. In those cases, the judge may raise parole ineligibility from the usual 25 years to as high as 40 years, after hearing a non-binding recommendation from the jury (Bill, amending s.745(a.1); new s.745.22; new provision after s.745.51).

• Raises parole ineligibility from 25 years to between 25–40 years for qualifying cases (Bill, amending s.745(a.1); new provision after s.745.51).
• Requires the trial judge to ask the jury if it wishes to recommend a number of years within that 25–40 range; the judge must consider but is not bound by it (Bill, new s.745.22).
• Directs the judge to consider the offender’s character, the nature of the offences, and the circumstances before deciding the number (Bill, new provision after s.745.51).
• Limits eligibility to cases involving all three elements—abduction, sexual assault, and murder—against the same victim in the same event/series (Bill, amending s.745(a.1)).
• Cross-refers to existing Criminal Code provisions on parole ineligibility periods for other scenarios (s.745.52).

What it means for you#

• Households

  • No direct change for most people. The bill targets a narrow set of crimes proven in court to involve abduction, sexual assault, and murder of the same victim in the same incident(s) (Bill, amending s.745(a.1)).

• Victims’ families

  • First parole hearing for the offender would be delayed from 25 years to as much as 40 years if the judge sets a higher ineligibility period. This means a longer gap before any parole process begins (Bill, new provision after s.745.51).
  • Families would not be asked to participate in parole hearings until that later date, if a higher number is set (Bill, new provision after s.745.51).

• Defendants convicted of these crimes

  • Life sentence remains mandatory. The earliest parole eligibility could be set between 25 and 40 years, not just 25 years (Bill, amending s.745(a.1); new provision after s.745.51).
  • The judge will consider the jury’s optional recommendation and specific factors about the offender and the offences before choosing the number (Bill, new s.745.22; new provision after s.745.51).

• Jurors in qualifying trials

  • After a guilty verdict, the judge must ask the jury if it wishes to recommend a number of years (more than 25 and up to 40) before parole eligibility. The jury is not required to recommend anything (Bill, new s.745.22).

• Judges and courts

  • Sentencing in qualifying cases will include a new step to receive and consider any jury recommendation, and to decide the ineligibility period within the 25–40-year range based on listed factors (Bill, new s.745.22; new provision after s.745.51).

• Parole Board and corrections

  • For offenders sentenced under this provision, the Parole Board would not review parole until the set ineligibility period ends, which could be up to 15 years later than current law allows (Bill, new provision after s.745.51).
  • Correctional Service Canada would hold affected offenders longer before first parole eligibility if judges set periods above 25 years. Data unavailable on the number of cases.

Expenses#

Estimated net cost: Data unavailable.

• No fiscal note identified. Data unavailable.
• No direct appropriations or new fees in the bill text. Data unavailable.
• Potential cost drivers: longer incarceration before first parole eligibility for affected offenders; potential savings from fewer parole processes in years 26–40. Quantitative estimates: Data unavailable.

Proponents' View#

• Targets the most brutal crimes: It applies only when abduction, sexual assault, and murder all occur against the same victim in the same event/series, focusing the change on a narrow, severe subset (Bill, amending s.745(a.1)).
• Gives courts flexible but structured discretion: Judges can set 25–40 years, must consider offender and offence factors, and may weigh a jury’s recommendation, enabling case-by-case calibration (Bill, new s.745.22; new provision after s.745.51).
• Delays parole processes for families: A higher ineligibility period postpones the first parole hearing, reducing the need for families to engage earlier in parole proceedings (Bill, new provision after s.745.51).
• Reinforces denunciation and accountability: A longer ineligibility period reflects the gravity of combined abduction, sexual assault, and murder and may better align punishment with harm (Bill, amending s.745(a.1)).
• Preserves existing framework for other cases: The amendment operates within s.745 and acknowledges related provisions such as s.745.52, avoiding broader changes to parole law (Bill, amending s.745(a.1)).

Opponents' View#

• Constitutional risk under the Charter: The Supreme Court in R. v. Bissonnette (2022 SCC 23) struck down parole ineligibility stacking that eliminated a “realistic possibility of parole.” Raising ineligibility to 40 years could face a challenge under s.12 (cruel and unusual punishment), creating legal uncertainty.
• Potential cost increases: Longer in-custody periods before first parole eligibility may raise federal correctional costs for affected cases; no official estimate is provided. Data unavailable.
• Sentencing disparity concerns: Allowing 25–40 years based on judicial discretion and optional jury input could lead to uneven outcomes across regions and cases (Bill, new s.745.22; new provision after s.745.51).
• Limited practical impact on public safety: Parole can already be denied if risk remains after 25 years; delaying eligibility may not change eventual release decisions but extends incarceration before review. Data unavailable.
• Narrow scope may limit benefits: Because it applies only when all three offences are proven for the same victim and event/series, the number of cases affected may be small relative to overall serious crime. Data unavailable.