Department of Justice Canada / Ministère de la Justice CanadaGovernment of Canada
Skip first menu Skip all menus
   
Français Contact us Help Search Canada Site
Justice Home Site Map Programs and Initiatives Proactive Disclosure Laws
 News RoomNews RoomNews Room
Press Releases
Fact Sheets
Media Contacts
Speeches
Relevant Links
Search
Archives Home Page

EXAMPLE

A person convicted of a single first degree murder receives a mandatory sentence of life imprisonment, and is not eligible to apply for parole for 25 years.

After having served at least 15 years, this person may apply for a Judicial Review in the province or territory where the conviction took place.

If the application is filed after January 9, 1997, it must now be screened by a judge, who decides whether the applicant has a reasonable prospect of success. If the judge finds so, a full Judicial Review hearing is scheduled.

A jury of 12 members of the community is then selected. The jury hears evidence from the applicant and from the Crown, as well as any victim impact statements, and reviews reports concerning the applicant. The evidence must relate to the applicant's character, his or her conduct while serving the sentence, the nature of the offence for which the applicant was convicted, and other relevant matters. The jury then decides whether this person should have his or her parole ineligibility period reduced, and if so, by how much. For applications filed after January&nbsp9, 1997, the jury decision to reduce the parole ineligibility period must be unanimous.

Suppose the jury decides that the applicant deserves a three-year reduction in parole ineligibility.

This means that instead of serving 25 years in prison before being able to apply for parole, the person can apply for parole after serving 22 years.

Once the person has served 22 years in prison, he or she can ask the National Parole Board to consider their application for parole.

Parole is not granted automatically. The National Parole Board, in reviewing the application, assesses the risk of reoffending.

If parole is granted, the person is reintegrated into society under the terms and conditions of their release. The person remains under sentence for his or her entire life, and any breach of a parole condition may result in the return of the person to prison.

Back to Top Important Notices