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Bill C-45

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Royal Assent

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	45 ELIZABETH II
	CHAPTER 35
	An Act to amend the Criminal Code (judicial review of parole ineligibility) and another Act
	Assented to 18th December, 1996
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42	CRIMINAL CODE
1990, c. 17, s. 14; 1992, c. 51, s. 39	*1. Section 745 of the Criminal Code* is replaced by the following:**
Application for judicial review	745. (1) Subject to subsection (2), a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of imprisonment without eligibility for parole if the person
	(a) has been convicted of murder or high treason;
	(b) has been sentenced to imprisonment for life without eligibility for parole until more than fifteen years of their sentence has been served; and
	(c) has served at least fifteen years of their sentence.
Exception - multiple murderers	(2) A person who has been convicted of more than one murder may not make an application under subsection (1), whether or not proceedings were commenced in respect of any of the murders before another murder was committed.
Definition of ``appropriate Chief Justice''	(3) For the purposes of this section and sections 745.1 to 745.4, the ``appropriate Chief Justice'' is
	(a) in relation to the Province of Ontario, the Chief Justice of the Ontario Court;
	(b) in relation to the Province of Quebec, the Chief Justice of the Superior Court;
	(c) in relation to the Provinces of Prince Edward Island and Newfoundland, the Chief Justice of the Supreme Court, Trial Division;
	(d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen's Bench;
	(e) in relation to the Provinces of Nova Scotia and British Columbia, the Chief Justice of the Supreme Court; and
	(f) in relation to the Yukon Territory and the Northwest Territories, the Chief Justice of the Court of Appeal thereof.
Judicial screening	745.1 (1) On receipt of an application under subsection 745(1), the appropriate Chief Justice shall determine, or shall designate a judge of the superior court of criminal jurisdiction to determine, on the basis of the following written material, whether the applicant has shown, on a balance of probabilities, that there is a reasonable prospect that the application will succeed:
	(a) the application;
	(b) any report provided by the Correctional Service of Canada or other correctional authorities; and
	(c) any other written evidence presented to the Chief Justice or judge by the applicant or the Attorney General.
Criteria	(2) In determining whether the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge shall consider the criteria set out in paragraphs 745.3(1)(a) to (e), with such modifications as the circumstances require.
Decision re new application	(3) If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge may
	(a) set a time, not earlier than two years after the date of the determination, at or after which another application may be made by the applicant under subsection 745(1); or
	(b) decide that the applicant may not make another application under that subsection.
Where no decision re new application	(4) If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed but does not set a time for another application or decide that such an application may not be made, the applicant may make another application no earlier than two years after the date of the determination.
Designation of judge to empanel jury	(5) If the Chief Justice or judge determines that the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice shall designate a judge of the superior court of criminal jurisdiction to empanel a jury to hear the application.
Appeal	745.2 (1) The applicant or the Attorney General may appeal to the Court of Appeal from a determination or a decision made under section 745.1 on any question of law or fact or mixed law and fact.
Documents to be considered	(2) The appeal shall be determined on the basis of the documents presented to the Chief Justice or judge who made the determination or decision, any reasons for the determination or decision and any other documents that the Court of Appeal requires.
Sections to apply	(3) Sections 673 to 696 apply, with such modifications as the circumstances require.
Hearing of application	745.3 (1) The jury empanelled under subsection 745.1(5) to hear the application shall consider the following criteria and determine whether the applicant's number of years of imprisonment without eligibility for parole ought to be reduced:
	(a) the character of the applicant;
	(b) the applicant's conduct while serving the sentence;
	(c) the nature of the offence for which the applicant was convicted;
	(d) any information provided by a victim at the time of the imposition of the sentence or at the time of the hearing under this section; and
	(e) any other matters that the judge considers relevant in the circumstances.
Definition of ``victim''	(2) In paragraph (1)(d), ``victim'' has the same meaning as in subsection 735(1.4).
Reduction	(3) The jury hearing an application under subsection (1) may determine that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by unanimous vote.
No reduction	(4) The applicant's number of years of imprisonment without eligibility for parole is not reduced if
	(a) the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;
	(b) the jury hearing an application under subsection (1) concludes that it cannot unanimously determine that the number of years ought to be reduced; or
	(c) the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to unanimously determine that the number of years ought to be reduced.
Where determi- nation to reduce number of years	(5) If the jury determines that the number of years of imprisonment without eligibility for parole ought to be reduced, the jury may, by a vote of not less than two thirds of the members of the jury,
	(a) substitute a lesser number of years of imprisonment without eligibility for parole than that then applicable; or
	(b) terminate the ineligibility for parole.
Decision re new application	(6) If the applicant's number of years of imprisonment without eligibility for parole is not reduced, the jury may
	(a) set a time, not earlier than two years after the date of the determination or conclusion under subsection (4), at or after which another application may be made by the applicant under subsection 745(1); or
	(b) decide that the applicant may not make another application under that subsection.
Two-thirds decision	(7) The decision of the jury under paragraph (6)(a) or (b) must be made by not less than two thirds of its members.
If no decision re new application	(8) If the jury does not set a date at or after which another application may be made or decide that such an application may not be made, the applicant may make another application no earlier than two years after the date of the determination or conclusion under subsection (4).
Rules	745.4 (1) The appropriate Chief Justice in each province or territory may make such rules as are required for the purposes of sections 745 to 745.3.
Territories	(2) When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.1(1) or to empanel a jury to hear an application under subsection 745.1(5), in respect of a conviction that took place in the Yukon Territory or the Northwest Territories, the appropriate Chief Justice may designate the judge from the Court of Appeal or the Supreme Court of the Yukon Territory or Northwest Territories, as the case may be.
1995, c. 22	AN ACT TO AMEND THE CRIMINAL CODE (SENTENCING) AND OTHER ACTS IN CONSEQUENCE THEREOF
	2. (1) Section 6 of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof is amended by replacing section 745.6 of the Criminal Code, as enacted by that section 6, with the following:
Application for judicial review	745.6 (1) Subject to subsection (2), a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of imprisonment without eligibility for parole if the person
	(a) has been convicted of murder or high treason;
	(b) has been sentenced to imprisonment for life without eligibility for parole until more than fifteen years of their sentence has been served; and
	(c) has served at least fifteen years of their sentence.
Exception - multiple murderers	(2) A person who has been convicted of more than one murder may not make an application under subsection (1), whether or not proceedings were commenced in respect of any of the murders before another murder was committed.
Definition of ``appropriate Chief Justice''	(3) For the purposes of this section and sections 745.61 to 745.64, the ``appropriate Chief Justice'' is
	(a) in relation to the Province of Ontario, the Chief Justice of the Ontario Court;
	(b) in relation to the Province of Quebec, the Chief Justice of the Superior Court;
	(c) in relation to the Provinces of Prince Edward Island and Newfoundland, the Chief Justice of the Supreme Court, Trial Division;
	(d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen's Bench;
	(e) in relation to the Provinces of Nova Scotia and British Columbia, the Chief Justice of the Supreme Court; and
	(f) in relation to the Yukon Territory and the Northwest Territories, the Chief Justice of the Court of Appeal thereof.
Judicial screening	745.61 (1) On receipt of an application under subsection 745.6(1), the appropriate Chief Justice shall determine, or shall designate a judge of the superior court of criminal jurisdiction to determine, on the basis of the following written material, whether the applicant has shown, on a balance of probabilities, that there is a reasonable prospect that the application will succeed:
	(a) the application;
	(b) any report provided by the Correctional Service of Canada or other correctional authorities; and
	(c) any other written evidence presented to the Chief Justice or judge by the applicant or the Attorney General.
Criteria	(2) In determining whether the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge shall consider the criteria set out in paragraphs 745.63(1)(a) to (e), with such modifications as the circumstances require.
Decision re new application	(3) If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge may
	(a) set a time, not earlier than two years after the date of the determination, at or after which another application may be made by the applicant under subsection 745.6(1); or
	(b) decide that the applicant may not make another application under that subsection.
Where no decision re new application	(4) If the Chief Justice or judge determines that the applicant has not shown that there is a reasonable prospect that the application will succeed but does not set a time for another application or decide that such an application may not be made, the applicant may make another application no earlier than two years after the date of the determination.
Designation of judge to empanel jury	(5) If the Chief Justice or judge determines that the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice shall designate a judge of the superior court of criminal jurisdiction to empanel a jury to hear the application.
Appeal	745.62 (1) The applicant or the Attorney General may appeal to the Court of Appeal from a determination or a decision made under section 745.61 on any question of law or fact or mixed law and fact.
Documents to be considered	(2) The appeal shall be determined on the basis of the documents presented to the Chief Justice or judge who made the determination or decision, any reasons for the determination or decision and any other documents that the Court of Appeal requires.
Sections to apply	(3) Sections 673 to 696 apply, with such modifications as the circumstances require.
Hearing of application	745.63 (1) The jury empanelled under subsection 745.61(5) to hear the application shall consider the following criteria and determine whether the applicant's number of years of imprisonment without eligibility for parole ought to be reduced:
	(a) the character of the applicant;
	(b) the applicant's conduct while serving the sentence;
	(c) the nature of the offence for which the applicant was convicted;
	(d) any information provided by a victim at the time of the imposition of the sentence or at the time of the hearing under this section; and
	(e) any other matters that the judge considers relevant in the circumstances.
Definition of ``victim''	(2) In paragraph (1)(d), ``victim'' has the same meaning as in subsection 722(4).
Reduction	(3) The jury hearing an application under subsection (1) may determine that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by unanimous vote.

Bill C-45

45 ELIZABETH II

CHAPTER 35

CRIMINAL CODE

AN ACT TO AMEND THE CRIMINAL CODE (SENTENCING) AND OTHER ACTS IN CONSEQUENCE THEREOF