Evidence of meeting #33 for Justice and Human Rights in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was application.
A recording is available from Parliament.
4:45 p.m.
Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice
The thrust of the bill is to ensure that those who are convicted of the most serious crime, being murder, are detained in custody for a longer period of their life sentence. So there is that link.
4:45 p.m.
Liberal
Derek Lee Liberal Scarborough—Rouge River, ON
That's what “serious time” means then--“serious”? I'll accept that. That was a serious question.
Thank you, Mr. Chairman.
4:45 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
I would like my colleagues opposite to read it. I have here the 2011 version of the Criminal Code and it seems to me that this section is still in effect.
4:45 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
Are you talking about what the judge must say when the sentence is passed?
4:45 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
It will continue to apply. As you well know, people are waiting because the system is clogged.
4:45 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Exactly. So, someone who is convicted of first-degree murder gets a life sentence, end of story.
4:45 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
But, after the reading, we like to say that an individual becomes eligible because, under section 745.01 of the Criminal Code, the judge must read it.
4:45 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
It is good to read a little, and that's what the governing party and the Liberal Party should do from time to time. Section 745.01 reads as follows:
745.01 Except where subsection 745.6(2) applies, at the time of sentencing under paragraph 745(a), (b) or (c), the judge who presided at the trial of the offender shall state the following, for the record: The offender has been found guilty of (state offence) and sentenced to imprisonment for life. The offender is not eligible for parole until (state date). However, after serving at least 15 years of the sentence, the offender may apply under section 745.6 of the Criminal Code for a reduction in the number of years of imprisonment without eligibility for parole...
In the Criminal Code, no victim's family is taken by surprise. It is already in the Criminal Code.
4:45 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
That's right. That's why it is in the Criminal Code.
4:45 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
That's why it is there. It must be reread and the judge must read it.
4:45 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
That being said, we must understand that not every criminal who is sentenced to 25 years of imprisonment is necessarily eligible for parole.
Do you have the latest figures since April 9, 2009, on parole applications submitted by individuals convicted of first-degree murder. I had 265. Are there more than that?
4:50 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
The most recent figures are from March 7, 2010. We are talking about 276 people.
4:50 p.m.
Bloc
4:50 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Of those 276 people, how many have received a reduction in the time without eligibility for parole?
4:50 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
I have three figures.
4:50 p.m.
Bloc
Marc Lemay Bloc Abitibi—Témiscamingue, QC
We will go slowly, but it is important. I think my colleagues opposite—
4:50 p.m.
Counsel, Criminal Law Policy Section, Department of Justice
Establishing the date of the numbers is very important.
