Offenders Serving Life Sentences for Murder

First Degree Murder

Homicide is considered 'first degree murder' when it is planned and deliberate, when the victim is a peace officer or when death occurs when the offender is committing or attempting to commit another criminal offence (e.g. sexual assault, kidnapping, carjacking). Murder is also considered first degree if the offender causes the death of another person during an act of terrorism, in the course of criminal harassment (i.e. stalking), or as part of the activities of a criminal organization.

Second Degree Murder

All murder that is not first degree is second degree murder. It is deliberate, but occurs without planning and does not include any of the scenarios or persons listed above.

Manslaughter

Manslaughter is any culpable homicide that is not murder or infancticide. The intent of the offender may have been to cause harm, but not death. In certain circumstances, culpable homicide may be considered manslaughter if the person who committed the offence did so in the heat of passion caused by sudden provocation.

Infanticide

Infanticide occurs when a woman causes the death of her newborn child when her mind is disturbed as a result of the effects of giving birth.

Parole, Temporary Absences and Judicial Review

Offenders who are paroled while serving life sentences remain on parole for life, unless it is revoked. If the Parole Board does not grant the offender parole, the offender remains imprisoned for life.

Offenders serving life sentences for first-degree murder become eligible for unescorted temporary absences and day parole three years before their full parole eligibility date (normally 25 years). An offender may apply for escorted temporary absences after admission to a federal institution.

The sentencing judge determines when those convicted of second degree murder are eligible for parole, which can be set between 10 and 25 years. Offenders serving sentences for second-degree murder become eligible for consideration for unescorted temporary absences and day parole three years before their full parole eligibility date.

Under Section 745 of the Criminal Code of Canada, offenders serving a life sentence for murder may apply for Judicial Review in order to be considered for parole after serving 15 years of their sentences. This is also called the 'Faint Hope Clause'. The Faint Hope Clause was modified in March of 2011. Only those offenders who committed murder before this date are eligible to apply for Judicial Review after serving 15 years of their sentences.