Myths about Crime and punishment in Canadian Justice System
I like to often post on blogs and read what others are saying not only about crime, but many other things. However, I have noticed many in Canada have the belief that a life sentence is limited to 25 years and then the person is released and has no more obligations or requirements. I am going to explain these in practical terms, and with as little legal terms as possible. There is also misunderstanding about the offence of manslaughter, and how it differs from murder. What is the difference from 1st degree and 2nd degree murder?
Life Sentences
First off, let me tell you what a "Life Sentence" in Canada means. Life imprisonment in Canada means that an offender will be under correctional services supervision, whether in prison or in the community, for the rest of their life. It means till the day they die, not 25 years. This sentence is often referred to as "LETTERS" by the convicts doing time, as the sentence has no actual expiration date other then death. The same it true, regardless if you are doing 2nd degree or 1st degree, or manslaughter (only with a life sentence, however vary rare in Canada), or other life sentence not for murder. I want to repeat this, all life sentences in Canada, mean for the rest of the convicted persons natural life. The confusion seems to present itself to many Canadians when the parole eligibility date is set by the judge, however please keep reading and I will explain this as we go
What is First (1st) Degree Murder in Canada?
First degree murder carries a mandatory sentence of life imprisonment without eligibility for parole for 25 years. First degree murder means that you either premeditated or were in the act of another crime when you murdered someone (simply definition). However if you are convicted of 1st degree murder in Canada, the judge has no choice in the sentencing as far as time goes, he/she would have to impose a sentence of life imprisonment without the eligibility for parole for 25 years. There is very little choice in this sentence once someone is found guilty of this crime. The National Parole Board can release them after serving 25 years if they meet the requirements. This is totally up to the NPB and is in no way automatic as some believed. If the offender is released he/she will be on parole for the rest of their life and it can be revoked if they give reason or just cause by the parole board. Some people convicted of a murder or many murders like serial killers may never be out of prison again. I cannot stress this point enough, once your parole eligibility date comes to pass, it is not like you just walk out of prison and you go back to normal life. That will never happen for anyone serving a life sentence.
There is also a clause called "Faint-Hope Clause", which gives life-sentence convicts a chance at early parole, also called judicial review (Section 745 Criminal Code - also known as the Faint Hope Clause). As of April 2007, 1,674 offenders had cases applicable for Judicial Review but only 855 were deemed eligible. Of those eligible, there were 163 court decisions of which 135 became eligible for earlier parole. Of these, 116 were released on parole, so not every one who applies for this is granted it.
This is often given to people who have done well and follow their requirements, programs, etc. They are still on parole even if they are release early. However, I also want to point out that 15 years is a lot of time and just because you say it goes fast doesn't mean it happens fast. It is hard to explain to society the difference between 15 years in prison and 15 years of a normal life, it's just not the same other then in a physical sense. Regardless of what society may think this is more then enough time to bring about the changes required to putting someone back in society. As many of these cases are not serial killers, or they may have circumstances that would be acceptable and appropriate for this clause.
The faint hope clause also applies to second degree murder and manslaughter (only with life sentence) as well most cases the parole eligibility would be set to 10-15 years anyways and wouldn't really have much effect on most people convicted with this. The faint-hope clause was adopted when Canada abolished the death penalty and replaced it with mandatory life sentences for first and second degree murder.
What is Second (2nd) degree Murder in Canada?
Second degree murder carries a mandatory sentence of life imprisonment without eligibility for parole for between 10 and 25 years. In short, Second degree murder is defined as "all murder that is not first degree murder". I know that is a little ambiguous, so think of it like this: it was a murder that was not planned or one that cannot be proven of any evidence of premeditation however was intentional in nature. As with first degree murder there is no guarantee that parole will be granted to an offender, as that person may be detained in prison past the parole eligibility period. The difference here is the Parole eligibility date can be set to 10-25 years but the judge cannot go lower then 10 years. However, just like first degree murder they are either on parole or imprisonment till the day they die.
Day Parole & Full Parole with Life Sentence in Canada
There is also another point I should mention. If someone is convicted of a life sentence, they are eligible for day parole 3 years prior to their full parole date. This is when you go to a halfway house and in almost all cases the convicted felon would be sent to a federal half-way house. I can tell you this much, it is very unlikely that any parole board would release anyone doing a life sentence on full parole without first being released on day parole. Even if someone is granted the faint-hope clause, it would be most unusual if they were granted full parole first with out a period of day parole. To be honest in most cases a lifer will not get day parole till his/her full parole date comes to past, more often then not most are just not released on there eligibility dates and in a number of cases it could be sometime later.
Myths of a Life Sentence
I think what creates a lot of confusion for many Canadians are the Parole eligibility dates, whether it is 1st or 2nd degree murder. Many seem to have a lot of confusion around this and misconceptions are all over the place. Especially on news blogs (comment sections) when someone is charged with one of these crimes. I hope this clears up some commonly believed myths.
Dangerous Offender Designation in Canada
The habitual offender's conviction in my opinion has to be worse then a life sentence if that is possible. These are persons who have numerous violent offences or a redundant pattern of violence. It is possible to have this designation without ever murdering anyone, if the courts see fit and were deemed too dangerous to be in society. However with that being said, except in the cases of murder it is rarely ever used. Unless you have an offender that is found guilty of a number of extreme violent offences, I would not say that this is a common charge among convicts, however it does happen
Here is where it gets a little bit hard to understand, it has no indeterminate sentence, there are no minimum and no maximum, but a parole review occurs every 7 years. This is why convicts refer to the sentence as the "BITCH". This charge is not something that the NPB takes lightly. I can tell you this much, if you think that some get out on parole easy, it is near to impossible for anyone with this designation to be released. I am not saying that they will not be released, but even the littlest of mistake and the National Parole Board would have them revoked before you could blink an eye.
Manslaughter Myths & Facts
If the death is a culpable homicide but not murder, it is considered manslaughter. If there was no intent to cause death (or bodily harm that is likely to cause death), but the person causing the death was negligent as to whether death occurred, the appropriate charge is manslaughter. Manslaughter defines a death that occurs unintentionally, but through an intentional act, not including situations of self defense or other specific situations. For example someone who is driving while impaired and cause death of someone, the drunk driver had no intent to cause death or even bodily harm, but his actions were negligent to the point that he has criminal responsibility for the results of his actions. Another good example of this is you were in a fight and hit someone and the person falls and hits his/her head on the way down and as a result dies.
However manslaughter can have many ways of being defining and it is the most ambiguous to understand to the average person. It is a charge that is often used when there are unusually or understandable circumstances. It gives the courts the flexibility when a crime of passion or murder does not fit into first or second degree murder. It also opens it up for someone who was abused, or misused by someone who they later killed. If someone was attacked by someone and went beyond the law in defending themselves it would be quite possible that a manslaughter offence would apply. It is also a common plea acceptance by the courts when the crown has reason to believe or doubts a conviction of 2nd degree murder is in question. The list goes on and there are too many circumstances to mention, however I am sure you get my point.
The sentencing with manslaughter is equally hard to understand for many, it can be anything from a suspended sentence to life in prison. Yes that is right, you can be sentenced to life, but rather unlikely. The average is usually around 5-10 years in prison, however like I said it is up to the sentencing judge and all bets are off when it comes to this offence.
Crimes you could be sentence to imprisonment for life
I would like to finish with something that most people do not know. Here is a list of crimes you could get a maximum sentence of life in prison for in Canada. However, it is very rare and unlikely that it would ever happen. The current offenses that carry a possible life sentence in Canada other then murder are: high treason, 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, and aggravated sexual assault.
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