Bill C-45
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45 ELIZABETH II |
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CHAPTER 35 |
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An Act to amend the Criminal Code (judicial
review of parole ineligibility) and
another Act
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Assented to 18th December, 1996
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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
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CRIMINAL CODE |
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1990, c. 17,
s. 14; 1992,
c. 51, s. 39
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1. Section 745 of the Criminal Code is
replaced by the following:
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Application
for judicial
review
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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
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Exception -
multiple
murderers
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(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.
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Definition of
``appropriate
Chief Justice''
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(3) For the purposes of this section and
sections 745.1 to 745.4, the ``appropriate
Chief Justice'' is
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Judicial
screening
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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:
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Criteria
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(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.
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Decision re
new
application
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(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
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Where no
decision re
new
application
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(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.
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Designation
of judge to
empanel jury
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(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.
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Appeal
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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.
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Documents to
be considered
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(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.
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Sections to
apply
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(3) Sections 673 to 696 apply, with such
modifications as the circumstances require.
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Hearing of
application
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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:
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Definition of
``victim''
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(2) In paragraph (1)(d), ``victim'' has the
same meaning as in subsection 735(1.4).
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Reduction
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(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.
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No reduction
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(4) The applicant's number of years of
imprisonment without eligibility for parole is
not reduced if
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Where
determi- nation to reduce number of years
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(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,
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Decision re
new
application
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(6) If the applicant's number of years of
imprisonment without eligibility for parole is
not reduced, the jury may
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Two-thirds
decision
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(7) The decision of the jury under paragraph
(6)(a) or (b) must be made by not less than two
thirds of its members.
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If no decision
re new
application
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(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).
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Rules
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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.
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Territories
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(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.
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1995, c. 22
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AN ACT TO AMEND THE CRIMINAL CODE (SENTENCING) AND OTHER ACTS IN CONSEQUENCE THEREOF |
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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:
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Application
for judicial
review
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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
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Exception -
multiple
murderers
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(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.
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Definition of
``appropriate
Chief Justice''
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(3) For the purposes of this section and
sections 745.61 to 745.64, the ``appropriate
Chief Justice'' is
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Judicial
screening
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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:
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Criteria
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(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.
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Decision re
new
application
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(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
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Where no
decision re
new
application
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(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.
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Designation
of judge to
empanel jury
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(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.
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Appeal
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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.
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Documents to
be considered
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(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.
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Sections to
apply
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(3) Sections 673 to 696 apply, with such
modifications as the circumstances require.
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Hearing of
application
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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:
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Definition of
``victim''
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(2) In paragraph (1)(d), ``victim'' has the
same meaning as in subsection 722(4).
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Reduction
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(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.
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