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Section 745 update - January 24, 1997
CAVEAT's section 745 postcard campaign has been on hold since the government
tabled Bill C-45 in 1996. Bill C-45 made changes to Section 745 of the Criminal
Code, but did not go as far as to completely repeal it. On January 9, 1997,
the amendments contained in Bill C-45 came into force.
"Bill C-45 makes three fundamental changes to section 745.6 :
- Offenders who commit multiple murders no longer have the right to apply
under section 745.6;
- Applicants, including those now serving time for murder, no longer
have an automatic right to a section 745.6 jury hearing. All applications
will now be screened by a superior court judge, and will only proceed to
a hearing if the applicant can show a reasonable prospect of success;
- A section 745.6 jury, composed of members of the community, must now
reach a unanimous decision before an offender's parole ineligibility period
is shortened. Before Bill C-45, only a two-thirds majority was required."
Department of Justice press release, January 8, 1997
Click
here to go to the full press release
The amendments to s.745 recognise the heinous nature of multiple murder
crimes and revokes the absolute right of automatic parole eligibility review
for multiple murderers.
However, CAVEAT has grave concerns about the changes to Section 745, including:
- the implication that, under the new provisions, one murder is deemed
less serious than multiple murders. This is an unprecedented and unacceptable
use of "volume" as a measure of the seriousness of an offense.
- no real changes to the way the early review hearing process is conducted.
The application hearing for early parole eligibility continues to operate
with very limited information about the crime.
- the creation of another level of bureaucracy. Applicants' absolute
right to a hearing has been replaced with an absolute right to apply (and
launch appeals) for a hearing.
- the process continues to make the families of victims relive the murder
and continues to cost taxpayers.
CAVEAT considers the passage of this bill merely the first step toward the
ultimate, full repeal of judicial review provisions.
Click here to view
CAVEAT's June 11, 1996 news release on Bill C-45 and the proposed amendments
to Section 745
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