Department of Justice

CHANGES TO S. 745.6 OF THE CRIMINAL CODE COME INTO FORCE

OTTAWA, January 8, 1997 -- Allan Rock, Minister of Justice and Attorney General of Canada, and Herb Gray, Solicitor General of Canada, today announced that Bill C-45, which makes significant changes to section 745.6 of the Criminal Code, will come into force on January 9, 1997.

Section 745.6 allows offenders who have been convicted of murder or high treason and have served 15 years of their sentence to have their parole ineligibility period reviewed.

Bill C-45 makes three fundamental changes to section 745.6 :

- Offenders who commit multiple murders no longer have the right to apply under section 745.6;

- Applicants, including those now serving time for murder, no longer have an automatic right to a section 745.6 jury hearing. All applications will now be screened by a superior court judge, and will only proceed to a hearing if the applicant can show a reasonable prospect of success;

- A section 745.6 jury, composed of members of the community, must now reach a unanimous decision before an offender's parole ineligibility period is shortened. Before Bill C-45, only a two-thirds majority was required.

“We are eliminating the provision for the worst offenders. At the same time, we are ensuring that the section 745.6 process is applied sensibly and in a way that reflects public concern, to those who should have access to it. ” said Minister Rock.

“These amendments are the result of extensive public discussions. They ensure that section 745.6 will operate in only the most deserving of cases,” Minister Gray said.

Ref. : Jennifer Lang             Dan Brien
 Minister's Office         Solicitor General Canada
 (613) 992-4621            (613)991-2924

 Howard Bebbington         Richard Zubrycki
 Department of Justice     Solicitor General Canada
 (613) 957-4917            (613) 991-2821