Murder in Canada - Penalties

Penalties

The mandatory sentence for any adult (or youth sentenced as an adult) convicted of murder in Canada is a life sentence, with various time periods before a person may apply for parole. The ability to apply for parole does not mean parole is granted.

For multiple murder offences committed after December 2, 2011, a court may, after considering any jury recommendation, impose consecutive periods of parole ineligibility for each murder. While the provision is not mandatory, this means, for example, that an individual convicted of three counts of first degree murder could face life with no parole for 75 years - or 25 years for each conviction.

For offences committed prior to December 2, 2011, someone guilty of a single murder could have his/her non-parole period reduced to no less than 15 years under the Faint hope clause. However, this provision is not available for offences committed after that date.

The maximum penalty for manslaughter is imprisonment for life. However, a mandatory minimum penalty (ranging from 4 to 7 years depending on the circumstances) only applies when the offence is committed with a firearm. Nevertheless, there is also a provision under which a person convicted of any "personal injury offence" meeting the statutory criteria may be declared a "dangerous offender". A dangerous offender is sentenced for an indeterminate period of imprisonment and is eligible for parole after serving a minimum of 7 years. An offender convicted of 1st or 2nd degree murder is ineligible to be declared a dangerous offender (since a mandatory life sentence already applies). However, an offender convicted of manslaughter can be declared a dangerous offender.

A youth (12 years old or older) who is not sentenced as an adult does not face a life sentence. Instead, if convicted of first degree murder, they must serve a maximum sentence of 10 years, with a maximum of 6 of those years spent in custody. If convicted of second degree murder, they must serve a maximum of 7 years, with a maximum of 4 of those years spent in custody.