In Canada, the criminal justice system takes a particularly serious approach to those convicted of multiple murders. These offenders face life sentences, but there are specific legal provisions related to parole eligibility that treat them differently from those convicted of a single murder. This distinction primarily comes into play through sentencing and parole rules under section 745 of the Criminal Code and the impact of amendments made in 2011, as well as a significant ruling by the Supreme Court in 2022.
Life Sentences for Multiple Murders
Under Canadian law, anyone convicted of first-degree murder automatically receives a life sentence, with no chance of parole for at least 25 years (s. 745(a)). This rule is consistent for single and multiple murders. Anyone convicted of a second-degree murder where the person has previously been convicted of murder – making it multiple murders – also automatically receives a life sentence, with no chance of parole for at least 25 years (s. 745(b)).
The law also offers a mechanism for treating serial murderers more harshly when it comes to parole eligibility. In the past, section 745.51 of the Criminal Code, as amended in 2011, allowed judges to impose consecutive parole ineligibility periods for offenders convicted of multiple murders. In other words, if someone was convicted of more than one first-degree murder, the judge could order that the offender serve each of the 25-year parole ineligibility periods separately, rather than concurrently. For instance, a person convicted of six murders could have faced a staggering 150 years of parole ineligibility.
The 2011 Amendments
The 2011 amendments, derived from the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act, were introduced to prevent convicted serial killers from receiving what some saw as a “discount” in parole eligibility. Before these changes, multiple murderers could often serve their parole ineligibility periods concurrently, meaning they would only have to serve 25 years before being eligible for parole, even if they had committed multiple murders.
The 2011 changes sought to ensure that offenders who killed multiple victims would face harsher consequences by serving each parole ineligibility period consecutively. This could mean a much longer wait—potentially hundreds of years—before any possibility of parole. This regime has been invalidated by a 2022 Supreme Court decision.
R v Bissonnette: The Supreme Court Strikes Down s.745.51
In a landmark decision in 2022, the Supreme Court of Canada struck down this provision in the case of R v Bissonnette, 2022 SCC 23. Alexandre Bissonnette was convicted of killing six people at a mosque in Quebec City in 2017. At trial, the Crown requested that Bissonnette serve six consecutive 25-year parole ineligibility periods, adding up to 150 years.
Bissonnette’s defense argued that this was unconstitutional, and the Supreme Court agreed. The Court found that applying consecutive parole ineligibility periods violated Section 12 of the Canadian Charter of Rights and Freedoms, which protects individuals from “cruel and unusual punishment.” The Court emphasized that sentences lasting longer than a human lifetime are not consistent with the principles of justice and human dignity. As Justice Wagner stated, “The foundations of our criminal justice system, as discussed in Boudreault, require respect for the inherent worth of every individual, including the vilest of criminals.”
The decision marked a return to the law prior to the 2011 amendments. Now, offenders convicted of murders serve a single 25-year parole ineligibility period, even if they are serial murderers.
Parole Eligibility Does Not Guarantee Release
It’s important to understand that even if a serial murderer becomes eligible for parole, this does not automatically mean they will be granted it. It simply marks the point at which an offender can apply for parole. The Parole Board evaluates several factors before making a decision, including the nature and severity of the crimes, the offender’s risk to public safety, and their rehabilitation progress. Serial murderers typically face more scrutiny due to the extreme nature of their offenses.
Statistics show that parole is rarely granted at the first hearing, especially for those convicted of serious crimes. About 20-30% of applicants are granted parole initially, with the percentage even lower for life sentence offenders. The Board also considers victim impact statements, which, in cases of serial murder, can contribute to a more rigorous review. Serial murderers must provide substantial evidence of rehabilitation and remorse before being considered for release, ensuring that public safety is prioritized throughout the process.
How Collett Read LLP Can Help with Multiple Murder Charges
If you are being accused of multiple murders now, or if you have a previous murder conviction and are being accused of murder again, our experienced team of criminal defence lawyers at Collett Read LLP is here to assist you. We will thoroughly examine the specifics of your case, review the evidence presented by the Crown, and vigorously advocate on your behalf. Our goal is to ensure a fair and just legal process while protecting your rights every step of the way.
Contact us today at (905) 541-2228 or fill out our intake form for a free consultation.
