The Government of Canada announced its support of Private Member's Bill C-478, the Respecting Families of Murdered and Brutalized Persons Act, on April 25, 2013. The Bill, introduced by James Bezan, M.P. for Selkirk-Interlake, on February 27, 2013, proposes to amend the Criminal Code to strengthen the criminal justice system's response to murder where it occurs in the context of a kidnapping-related offence and a sexual offence.
Murder is categorized as being in the first or second degree and is punishable by life imprisonment with the right to apply for parole after a period of parole ineligibility. That period is 25 years for first-degree and a minimum of 10 years for most second-degree murders. However, for second-degree murder, a judge has the authority to increase the parole ineligibility period up to a maximum of 25 years based on the nature and circumstances of the murder, the character of the murderer and any jury recommendation in this regard.
Bill C-478 would help ensure that in a case where the murderer is also convicted of committing a kidnapping-related offence and a sexual offence against the murder victim, these aggravating circumstances are taken into account and reflected in a longer period of parole ineligibility when the murderer is sentenced.
Bill C-478 proposes:
- the mandatory imposition of a minimum parole ineligibility period of 25 years for murderers who are also convicted of both a kidnapping-related offence and a sexual offence against the murder victim; and
- giving discretion to the sentencing judge in such cases, to replace the mandatory 25-year period of parole ineligibility with a longer period of up to 40 years based on the nature and the circumstances of the offences, the character of the murderer, and any jury recommendation in this regard.
The Government supports this Private Member's Bill and intends to bring forward an amendment to ensure a greater degree of clarity and consistency in the law.
The Government of Canada's support for Private Member's Bill C-478 is consistent with other measures that have passed in 2011 to restrict parole eligibility for murderers:
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Department of Justice Canada
April 2013
