“Faint Hope” in the Firing Line: Repeal of Section 745.6?

Section 745.6 of the Criminal Code - colloquially known as the "faint hope" clause - permits most offenders sentenced to life imprisonment for murder or high treason, and who have to serve at least 15 years prior to becoming parole eligible, to have a jury review their parole eligibility d...

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Bibliographic Details
Published in:Canadian journal of criminology and criminal justice 2009-10, Vol.51 (4), p.537-545
Main Author: Roberts, Julian V
Format: Article
Language:English
Subjects:
Discretion
Homicide
Juries
Offenders
Prisoners
Statutes
Citations: Items that cite this one
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Summary:Section 745.6 of the Criminal Code - colloquially known as the "faint hope" clause - permits most offenders sentenced to life imprisonment for murder or high treason, and who have to serve at least 15 years prior to becoming parole eligible, to have a jury review their parole eligibility dates. This includes all offenders convicted of first-degree murder and a small number of second-degree murder convictions (those with parole ineligibility periods in excess of 15 years). The "faint hope" clause is unique in the common law world; in other jurisdictions, parole eligibility is stipulated in statute, with the discretion to release prisoners vested in parole authorities. This provision is one of two ways in which community opinion may influence the sentencing of offenders convicted of murder in this country. Juries have the power to make the applicant eligible for parole but the decision to grant or deny parole remains at the discretion of the National Parole Board. Adapted from the source document.
ISSN:1707-7753
1911-0219
DOI:10.3138/cjccj.51.4.537