GOVERNMENT INTRODUCES MAJOR CHANGES IN SECTION 745 OF THE CRIMINAL CODE

OTTAWA, June 11, 1996 -- Allan Rock, Minister of Justice and Attorney General of Canada, and Herb Gray, Solicitor General of Canada, today introduced a bill which would make significant changes to section 745 of the Criminal Code, to ensure that the process is available only in the most appropriate cases.

The bill proposes three significant changes in section 745:

- Applicants, including those now serving time for murder, will no longer be entitled to an automatic right to a section 745 hearing. Instead, a screening mechanism for all section 745 applications will be introduced. The applicant will first have to persuade a superior court judge that the application has a reasonable prospect of success before the applicant will be permitted to go before a community jury.

- Persons who commit multiple murders (including serial murders) after the bill comes into force will not have the right to apply under section 745 at all.

- A section 745 jury will from now on be required to reach a unanimous decision before an offender's parole ineligibility period is shortened. Currently, only a two-thirds majority is required.

Both the screening mechanism and the unanimous jury provisions will apply to all applicants, including those who are already incarcerated (provided they have not yet made their applications), and those who commit the offence after the coming into force of the bill.

In the event that the community jury reduces an offender's parole ineligibility period, the offender still will have to apply for parole to the National Parole Board.

"The changes reflect the government's commitment to enhancing community safety," said Minister Rock. "They will ensure that the section 745 process is only available to those who are most deserving. While eliminating the provision for the worst offenders, we are preserving the section for those who should have access to it, in a way that makes sense."

Mr. Gray added, "The amendments respond to legitimate public concerns. I hope that they will get early and strong support from Parliament."

Ref.:  Jennifer Lang                   Howard Bebbington
       Minister's Office (Justice)     Department of Justice
       (613) 992-4621                  (613) 957-4917

       Blaine Harvey                   Richard Zubrycki
       Department of the               Department of the
       Solicitor General               Solicitor General
       (613) 990-2743                  (613) 991-2821