A sentence of life imprisonment is the harshest penalty available for criminal law judges in Canada, reserved for the most serious crimes and offenders who pose the greatest risk to the public.
However, while a life sentence means a lifetime of supervision within the criminal justice system, it doesn’t necessarily mean that offenders spend the rest of their lives behind bars.
So, how do life sentences work?
Let’s explore what life sentences really mean in Canada, how “lifers” become eligible for release from prison, and the long-term consequences for those sentenced to life.
What does “life imprisonment” mean in Canada?
A life sentence means imprisonment for the remainder of one’s natural life, one way or another. Imprisonment, in this sense, really means legal supervision within the criminal justice system. As per the Canadian Criminal Code, offenders sentenced to life are eligible for parole after a specific period of incarceration.
Parole means release from prison but it does not mean freedom, as it is accompanied by strict conditions and mandatory reporting. If either requirement is breached, it can mean a swift return to prison.
For first-degree murder, for example, the parole ineligibility period is 25 years. For most other offences, the period is generally less than this. Parole for those with life sentences continues for the remainder of their lives, meaning that they must comply with certain conditions and be monitored until they die.
In other words, life sentences technically never end, as do other prison sentences.
Which offences carry a life sentence?
The gravest offences in the Criminal Code, namely first-degree and second-degree murder, carry automatic or “mandatory” life sentences.
Other serious offences, such as kidnapping, treason, high treason, attempted murder, and certain types of sexual assault can carry a life sentence depending on the circumstances and the discretion of the judge presiding over the case.
Eligibility for parole
For offences that carry a life sentence in Canada, parole eligibility is a key concept. Unlike in some other countries, life imprisonment without the possibility of parole is not legal in Canada—everybody is eligible for parole after a certain period and, according to the Supreme Court, consecutive periods of parole ineligibility for multiple murders are unconstitutional.
However, it should be noted that being eligible for parole does not guarantee release from prison. It simply means that the person serving the sentence can apply for conditional release. The Parole Board of Canada will decide whether parole should be granted based on the circumstances and nature of the crime and factors such as the individual’s conduct in prison, the potential risk posed to the public, and the likelihood of the parolee reoffending.
Applying for parole requires a presentation outlining one’s rehabilitation and readiness for reintegration into society before the Parole Board. If parole is denied, the individual may reapply at a later date while continuing to serve their sentence in prison.
Parole eligibility timelines in Canada for life sentences are as follows:
- First-degree murder: eligible after 25 years (mandatory minimum).
- Second-degree murder: eligible after 10–25 years, at the judge’s discretion.
- Other life sentence crimes: eligibility determined by the court but typically involves a significant period in prison.
In non-murder cases, someone who is declared a “dangerous offender” can be sentenced to indeterminate imprisonment. However, parole eligibility will apply after seven years and every two years thereafter (though parole is not guaranteed).
Life after release: Living under a life sentence
After release on parole, a person with a life sentence either remains on parole for life or returns to prison (a likely outcome if they breach the parole conditions).
The types of conditions that accompany parole for such offenders include:
- Reporting regularly to a parole officer
- Remaining within geographic boundaries unless permitted to leave
- Following the law and avoiding criminal activity
- No contact with victims or specific individuals
- No possession of weapons
- Reporting any changes in employment/address
- Electronic monitoring (ankle bracelet)
- Abstaining from alcohol or drugs
- Avoiding certain locations or communities
- Attending counselling or treatment programs (e.g., for anger management, substance abuse, etc.)
- Complying with curfew hours
These conditions can make reintegration into “normal” life outside of prison challenging for offenders, including finding employment and housing. Furthermore, any breach of the conditions could result in parole revocation and a return to incarceration.
What does “multiple life sentences” mean?
“Multiple life sentences” refers to a person convicted of more than one offence (e.g., multiple murders), each of which carries a life sentence.
Offenders who receive such sentences do not technically serve a longer sentence than those with a single life sentence (life is already the maximum) but they usually spend more time in prison.
While an individual with multiple life sentences remains eligible for parole after a maximum of 25 years, as per the Supreme Court ruling referred to above, the individual is less likely to be granted parole. Indeed, the offender may never be released from prison.
How can legal representation help?
Anyone charged with a serious criminal offence should seek immediate legal assistance from a qualified criminal defence lawyer to prevent the most serious consequences.
A skilled lawyer can help to reduce the impact on the defendant’s future, often pushing for case dismissal, charge reduction, acquittal at trial or appealing a conviction.
Defendants facing a life sentence may also need assistance with navigating the legal system and liaising with the Parole Board of Canada.
Call us to arrange a confidential consultation
To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.
