In Canada, a life sentence represents the most serious penalty a court can impose. It means that the individual remains under sentence—and under some form of state supervision—for the rest of their natural life. However, this does not necessarily mean the person will spend their entire life behind bars. In many cases, it involves a period of incarceration followed by conditional release into the community under strict supervision. Individuals on parole remain subject to lifelong monitoring by Correctional Service Canada and may be reincarcerated if they breach any conditions of their release.
CRIMES THAT CAN LEAD TO A LIFE SENTENCE
A life sentence is mandatory upon conviction for first-degree murder, second-degree murder, or high treason. It may also be imposed at the court’s discretion for other serious criminal offences, including attempted murder, manslaughter, aggravated sexual assault, kidnapping, piracy, aircraft hijacking, and robbery, among others. In particularly violent or repeat cases, an individual may be designated a Dangerous Offender and sentenced to an indeterminate period of incarceration.
POST-CONVICTION OPTIONS FOR LIFE SENTENCES
1. Appeal, Ministerial Review, and Royal Prerogative of Mercy
Individuals with life sentences may pursue post-conviction remedies such as an appeal, a Ministerial Review, or an application for clemency. Appeals to the provincial Court of Appeal must generally be filed within 30 days of sentencing. If appeals have been exhausted, a Ministerial Review may be sought in cases where new, significant evidence has come to light. In rare and exceptional circumstances, clemency may be granted under the Royal Prerogative of Mercy by the Governor General of Canada.
2. Parole
Parole Eligibility
Parole is a form of conditional release that allows individuals to serve part of their sentence in the community under supervision. It is not automatic. Once eligible, an individual must apply to the Parole Board of Canada, which conducts a thorough risk assessment before making a decision. The board considers institutional behaviour, participation in rehabilitative programs, victim impact statements, and the overall risk to public safety.
For convictions of first-degree murder or high treason, parole eligibility begins after 25 years. For second-degree murder, the judge sets a period of parole ineligibility between 10 and 25 years at sentencing. Individuals sentenced to life for other offences, including those designated as Dangerous Offenders, typically become eligible for parole after seven years.
Youth aged 14 and older may be tried as adults for first- or second-degree murder. If convicted and sentenced to life, they remain under lifetime supervision; however, their parole ineligibility periods are shorter, typically ranging from five to ten years.
Consecutive Sentences
Historically, courts could impose consecutive periods of parole ineligibility for multiple murder convictions, effectively delaying parole eligibility for decades or even a lifetime. However, in R. v. Bissonnette, 2022 SCC 23, the Supreme Court of Canada ruled that such stacked ineligibility periods are unconstitutional. The Court held that all individuals, including those convicted of multiple murders, must have a meaningful opportunity to apply for parole. This decision reaffirmed that rehabilitation remains a cornerstone of Canadian sentencing policy.
Faint Hope Clause
The “Faint Hope Clause” refers to a provision in the Criminal Code that once allowed certain offenders serving life sentences to apply for early parole after serving 15 years, instead of waiting 25 years. However, this clause only applies to offences committed before December 2, 2011.
WHAT HAPPENS AFTER RELEASE ON PAROLE
Individuals granted parole on a life sentence remain under supervision for life. They must comply with strict conditions, such as reporting regularly to a parole officer, residing at an approved location, and avoiding contact with certain individuals or places. Breach of any condition may result in immediate reincarceration.
The Impact of a Life Sentence
A life sentence in Canada is indeed permanent in duration, but it is not always served entirely behind bars. Conditional release through parole may be granted after a substantial period of incarceration, yet the individual remains under lifelong supervision. Although rarely granted, legal remedies, including appeals, ministerial reviews, and clemency applications, exist.
A life sentence has profound and lasting effects on both the individual and their loved ones. Whether you are facing serious charges, pursuing parole, or seeking post-conviction relief, experienced legal guidance can make a meaningful difference. At Collett Read LLP, our criminal defence team provides strategic and dedicated representation at every stage. Contact us today for a confidential consultation to learn how we can support you moving forward.
If you need a criminal defence team that will advocate for you regarding life sentences, Collett Read LLP is available 24/7. Give us a call at (905) 541-2228 or fill out a free consultation form.
