Thank you, Mr. Chair.
I'm here today because I understand that the committee has requested that officials provide an overview of Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act.
As the chair has indicated, I'm here with Lieutenant-Colonel Bruce MacGregor from the Office of the Judge Advocate General. After my presentation I will respond to any questions you may have with regard to the Criminal Code amendments set out in this bill, and Lieutenant-Colonel MacGregor will respond to any questions you may have with regard to the consequential amendments to the National Defence Act.
That being said, as a preliminary matter let me begin by saying--and as I'm sure you're aware--that the punishment for first- and second-degree murder in the Criminal Code is life imprisonment, with the possibility of applying for parole after a period of parole ineligibility determined under section 745 of the code. That period is 25 years from the time an offender is brought into custody for first-degree murder.
It's also 25 years for any second-degree murder where the murderer has previously been convicted either of another domestic murder or of an intentional killing under sections 4 and 6 of the Crimes Against Humanity and War Crimes Act. The parole ineligibility period for all other second-degree murderers is a minimum of 10 years.
That being said, sentencing judges are already authorized under the Criminal Code, under section 745.4, to set a parole ineligibility period for second-degree murderers that may range anywhere from 11 to 25 years. In making this decision, judges must have regard—and I'm quoting here from section 745.4—“...to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and to the recommendation, if any, made...” by a jury.
In essence, the bill before you today proposes to amend the Criminal Code to authorize a judge to impose multiple periods of parole ineligibility on convicted multiple murderers, to account for each murder victim, and to use exactly the same criteria in making his or her decision in this regard.
Let me be more specific. Bill C-48 would amend section 745.5 and related provisions of the Criminal Code to authorize a sentencing judge to impose on an offender sentenced for more than one first- or second-degree murder, or any combination of first- and second-degree murders, a separate 25-year period of parole ineligibility for the second and for each subsequent murder.
As mentioned, in exercising this authority, the judge would be required to have regard to the character of the offender, the nature and circumstances of the murders, and any jury recommendation. In essence, we are proposing exactly the same criteria as appear in section 745.4 to ground this new authority; however, the sentencing judge would also be required to state orally and in writing the basis of any decision not to exercise the authority being proposed in Bill C-48.
However, the key point is that these additional 25-year periods of parole ineligibility would run consecutively to the period of parole ineligibility imposed for the first murder. As I mentioned, that period will depend on whether it is a first- or second-degree murder and whether the judge has used the authority in section 745.4 to set the parole ineligibility period for the first murder at anywhere between 11 and 25 years.
The coming into force of Bill C-48 will occur on a date to be fixed by order in council. To ensure that jurisdictions are aware of the nature of this proposal, the Department of Justice will begin consultations with them as soon as this bill is passed into law.
That being said, we are now open to any questions that you may have on Bill C-48.
