Faint hope clause
Encyclopedia
The "Faint hope clause" was the popular name for §745.6 of the Criminal Code of Canada
, a statutory provision that allows prisoners who have been sentenced to life imprisonment with a parole eligibility period of greater than 15 years to apply for early parole
once he or she has served 15 years.
The jury may hear evidence relating to the character of the prisoner, the prisoner's conduct while in prison, the nature of the offence, the effect of the crime on the family of the victim, and other information the presiding judge deems relevant.
The jury then decides whether or not the parole eligibility period should be reduced, and the decision to reduce the parole eligibility period must be unanimous. If the parole eligibility period is reduced, this permits the prisoner to apply for early parole, and the ultimate decision of whether to grant parole to the prisoner lies with the Parole Board of Canada.
Persons convicted of multiple murders are ineligible to apply for a reduction in their parole eligibility period. This repeal occurred when convicted serial killer/rapist Clifford Olson
applied for release under the faint hope clause.
abolished the death penalty and replaced it with a mandatory sentence of life imprisonment
for first and second degree murder
. This particular provision was added in order to encourage convicted murderers in Canada to rehabilitate themselves, and to reflect the fact that other countries allowed convicted murderers to be paroled after an average of 15 years incarceration.
Between 1987 and 2006, there were approximately 1,500 prisoners who were eligible to apply for early release. 145 offenders applied under s. 745.6, and 118 were granted permission to apply to the National Parole Board for early release. Of these 118, 97 were granted parole by the Parole Board.
Critics argue that applications made under the section unfairly traumatize the families of victims, while proponents argue that the section is necessary to give convicted murderers some hope, thus preventing prisons from being even more dangerous than they already are.
Government of Canada
, elected in January 2006, pledged during the election campaign to repeal
the Clause.
In August 2006, the Canadian Minister of Justice at the time, Vic Toews
, re-affirmed this commitment, stating that he would introduce legislation in the fall of 2006 to repeal the Faint Hope Clause. In June 2009, the Conservative Government introduced Bill C-36 to abolish the faint hope clause.
In November 2009, the bill passed the House of Commons and was referred to the Senate. The Justice Minister, Rob Nicholson
, stated that "[b]y ending faint hope reviews, we are saying No to early parole for murderers." However, the bill died on the order paper in the Senate on December 30, 2009, when Governor General Michaëlle Jean
prorogued parliament
on the advice of Prime Minister Stephen Harper.
The same Bill was again reintroduced by the government in the Senate (Bill S-6) during following session of parliament in spring, 2010. After some delay that bill was passed by Parliament and given Royal Assent in March 2011. The faint hope clause is no longer available for offenders sentenced.
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, a statutory provision that allows prisoners who have been sentenced to life imprisonment with a parole eligibility period of greater than 15 years to apply for early parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
once he or she has served 15 years.
How the clause worked
The prisoner must apply to the Chief Justice of the province where he or she was convicted, and the Chief Justice (or another designated judge) then reviews the application to determine whether there is a reasonable chance the prisoner could be successful in his or her application before a jury; if the applicant is likely to succeed, the court will empanel a jury to hear the application.The jury may hear evidence relating to the character of the prisoner, the prisoner's conduct while in prison, the nature of the offence, the effect of the crime on the family of the victim, and other information the presiding judge deems relevant.
The jury then decides whether or not the parole eligibility period should be reduced, and the decision to reduce the parole eligibility period must be unanimous. If the parole eligibility period is reduced, this permits the prisoner to apply for early parole, and the ultimate decision of whether to grant parole to the prisoner lies with the Parole Board of Canada.
Persons convicted of multiple murders are ineligible to apply for a reduction in their parole eligibility period. This repeal occurred when convicted serial killer/rapist Clifford Olson
Clifford Olson
Clifford Robert Olson, Jr. was a convicted Canadian serial killer who confessed to murdering two children and nine youths in the early 1980s.-Murders:...
applied for release under the faint hope clause.
History
The section was added in 1976 after CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
abolished the death penalty and replaced it with a mandatory sentence of life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
for first and second degree murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
. This particular provision was added in order to encourage convicted murderers in Canada to rehabilitate themselves, and to reflect the fact that other countries allowed convicted murderers to be paroled after an average of 15 years incarceration.
Between 1987 and 2006, there were approximately 1,500 prisoners who were eligible to apply for early release. 145 offenders applied under s. 745.6, and 118 were granted permission to apply to the National Parole Board for early release. Of these 118, 97 were granted parole by the Parole Board.
Critics argue that applications made under the section unfairly traumatize the families of victims, while proponents argue that the section is necessary to give convicted murderers some hope, thus preventing prisons from being even more dangerous than they already are.
Current status
The ConservativeConservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
Government of Canada
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
, elected in January 2006, pledged during the election campaign to repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
the Clause.
In August 2006, the Canadian Minister of Justice at the time, Vic Toews
Vic Toews
Victor "Vic" Toews, PC QC MP is a Canadian politician. He has represented Provencher in the Canadian House of Commons since 2000, and currently serves in the cabinet of Prime Minister Stephen Harper as Minister of Public Safety. He previously served in the Legislative Assembly of Manitoba from...
, re-affirmed this commitment, stating that he would introduce legislation in the fall of 2006 to repeal the Faint Hope Clause. In June 2009, the Conservative Government introduced Bill C-36 to abolish the faint hope clause.
In November 2009, the bill passed the House of Commons and was referred to the Senate. The Justice Minister, Rob Nicholson
Rob Nicholson
Robert Douglas "Rob" Nicholson, PC, QC, MP , is the Minister of Justice and Attorney General of Canada. He is a current member of the Canadian House of Commons, representing the riding of Niagara Falls for the Conservative Party and the current Minister of Justice after serving for one year as...
, stated that "[b]y ending faint hope reviews, we are saying No to early parole for murderers." However, the bill died on the order paper in the Senate on December 30, 2009, when Governor General Michaëlle Jean
Michaëlle Jean
Michaëlle Jean is a Canadian journalist and stateswoman who served as Governor General of Canada, the 27th since Canadian Confederation, from 2005 to 2010....
prorogued parliament
Prorogation in Canada
Prorogation is the end of a parliamentary session in the Parliament of Canada and the parliaments of its provinces and territories. It differs from a recess or adjournment, which do not end a session, and from a complete dissolution of parliament, which ends both the session and the entire...
on the advice of Prime Minister Stephen Harper.
The same Bill was again reintroduced by the government in the Senate (Bill S-6) during following session of parliament in spring, 2010. After some delay that bill was passed by Parliament and given Royal Assent in March 2011. The faint hope clause is no longer available for offenders sentenced.