Judicial review of parole ineligibility (Criminal Code section 745) and the views of the public.

Abstract

This thesis explores the highly controversial provision that gives life sentence prisoners the opportunity to apply for a reduction in their original periods of parole ineligibility. Section 745 (s.745) of the Criminal Code was created in 1976 when capital punishment was abolished and the penalty structure for the crime of homicide was revised. Recognizing that offenders convicted of first (and to a lesser extent) second degree murder would now spend considerable periods of time behind bars, legislators created a mechanism to allow for review of the changes that may take place in this new group of prisoners over the years. Critics contend that s.745 represents a loophole in the law and must be abolished. Advocates maintain that s.745 is part and parcel of the life sentence created in 1976 and should remain intact in its original form. At first glance it would appear that the public are opposed to s.745. Yet a paradox exists, namely, that it is members from the same communities where opposition abounds who are sitting on juries and granting reductions in parole ineligibility. The purpose of this thesis was to research the previously unexplored area of public opinion and s.745 in order to study the existence of this paradox. (Abstract shortened by UMI.)