In Canada, a life sentence is the most severe penalty for criminal offences. Imposed for the most dangerous crimes, such as first- or second-degree murder, a life sentence reflects the seriousness of the charges and danger posed to society.
At the same time, a life sentence does not always mean life in prison. In some cases, someone with a life sentence, commonly known as a lifer, may be eligible for release on parole in 25 or even 10 years after conviction, depending on the offence. Below we have Canadian criminal sentencing explained in more detail, compare life sentence vs parole, and discuss how long a life sentence in Canada is in practice.
Key Takeaways
- A life sentence in Canada means lifelong supervision, even if parole is granted. The sentence does not end after release.
- Parole eligibility is not automatic release. Lifers may apply for parole after a set period, but approval depends on public safety and risk assessment.
- For murder convictions, parole eligibility begins after 25 years for first-degree murder and 10–25 years for second-degree murder.
- Individuals serving life sentences can be returned to prison at any time if parole conditions are breached.
What Is a Life Sentence in Canada? Understanding the Life Sentence Meaning
In Canadian criminal practice, a life sentence means lifelong legal supervision by the criminal system. It may involve a lifetime in jail or a release on parole after serving a minimum required period in prison.
Parole, also known as conditional release, makes it possible for someone serving a prison sentence to be released earlier. However, even after their release, offenders with life sentences will be under lifelong supervision, face a number of restrictions, and may return to incarceration if they fail to comply.
How Long Is a Life Sentence in Canada?
Accordingly, the answer to the question, “How long is a life in prison?” is that it lasts for the whole natural life of the person so convicted. Even if a lifer is granted parole, their sentence doesn’t end there and continues under community supervision.
Before lifers can be eligible for parole, they must serve a certain period in prison, with the length of incarceration depending on the type of their offence. For example, when convicted of first-degree murder, someone can apply for parole only after 25 years of jail time.
Is a Life Sentence 25 Years? Clearing Up the Most Common Myth
Is a life sentence 25 years only? This question is sometimes asked by people who confuse eligibility for parole in 25 years for first-degree murder with statutory release, where offenders are automatically released after a certain number of years in prison. However, in Canada, those with life sentences or indeterminate sentences are not eligible for statutory release.
Instead, lifers are only eligible for conditional release granted by the Parole Board of Canada. Meanwhile, eligibility for parole doesn’t result in automatic release, comes with strict conditions and is granted based on the Parole Board’s assessment.
How Parole Works for Life Sentences in Canada
To be granted parole, offenders with life sentences need to serve a certain number of years defined in the Criminal Code for their respective offences. After the lapse of the minimum years required for parole, lifers can make an application to the Parole Board of Canada, which will evaluate it based on multiple factors, including:
- the severity and circumstances of their crime,
- the offender’s risk to society if released,
- their behaviour in prison and adherence to prison rules.
If the Parole Board denies an application, offenders with life sentences may reapply after spending the next five years in prison. But even if granted parole, a lifer will remain under correctional supervision for their lifetime and can return to prison if they break the conditions of release.
Life Sentence Length for Different Crimes: Murder and Parole Eligibility Explained
First-Degree Murder: Minimum 25 Years Before Parole Eligibility
According to Section 745 of the Criminal Code of Canada, if someone is convicted of first-degree murder, the offender will be sentenced to life with parole eligibility after 25 years in prison. However, in practice, the Parole Board of Canada denies the first application for parole in 7 out of 10 cases.
Second-Degree Murder: 10–25 Years Before Parole Eligibility
For a conviction of second-degree murder, the minimum parole eligibility ranges between 10 and 25 years, depending on individual circumstances. For example, in case of second-degree murder where the offender has a previous murder conviction, the minimum period before parole is 25 years.
Multiple Murders: Consecutive Life Sentences in Canada
In cases involving multiple murders, Section 745.51 of the Criminal Code gave the judges discretion to stack periods of parole ineligibility to be served consecutively. However, in a landmark R. V. Bissonnette case involving six counts of first-degree murder, the Supreme Court of Canada held that stacking parole ineligibility periods violates the Canadian Charter.
How Many Years Is Life in Prison? Realistic Outcomes and Statistics
According to the previous report, lifers accounted for 10% of all full parole grants with a grant rate of 27%. While the period of time served in prison depends on the type of offence, and the first-time parole applications are typically denied, offenders with indeterminate and life sentences spend an average of about 8 years on parole supervision after release.
At the same time, release on parole doesn’t mean freedom. Instead, offenders are placed under lifetime community supervision to ensure continued oversight and public safety.
What Is Life in Prison in Canada?
After conviction, the Correctional Service of Canada (CSC) transfers offenders to a federal prison. The CSC evaluates offenders to determine the need for intervention and the required security level. After evaluation, the offenders can be placed into institutions with maximum, medium, or minimum security, which differ by the type of living environment, routines, physical barriers, and behaviour expectations. That said, many offenders convicted of serious offences start their sentences in higher security prisons because of the risk they pose to society.
Even if released on parole, offenders are not free to live their lives as they please. They must remain in Canada and follow the restrictions determined by their parole supervisor, reporting their changes of residence or employment. Most importantly, they must be of good behaviour and obey the law, or face the possibility of returning to prison.
Life Sentences vs Other Long-Term Sentences in Canada
While the duration of a life sentence for murder is indeterminate with parole eligibility after 10-25 years, the Criminal Code also includes indeterminate sentences for dangerous offences with shorter first parole reviews. For example, serious personal injury offences or repeat sexual offences may result in a dangerous offender designation in Canada and a sentence for an indefinite period. Unlike lifers eligible for parole after 10-25 years of jail time, dangerous offenders can be eligible for parole review after serving seven years in prison, with further review every two years.
FAQs
How long is a life sentence in Canada?
A lifetime sentence in Canada means imprisonment for life with varying eligibility for parole. For example, a conviction for first-degree murder results in a lifetime sentence with parole eligibility in 25 years, while a conviction for second-degree murder allows eligibility in 10-25 years, depending on circumstances.
How many years is life in prison for murder?
Both first-degree and second-degree murder have lifetime sentences as a punishment. Meanwhile, offenders convicted of first-degree murder are eligible for parole after serving 25 years in prison, while second-degree murder offenders can apply for conditional release in 10-25 years, depending on the circumstances.
Is a life sentence always 25 years?
In Canada, a lifetime sentence means lifetime supervision inside and/or outside jail, which doesn’t end after release on parole.
What does life in prison in Canada include after parole?
When offenders are released on parole, they need to report to the parole officer, obey the law and be of good behaviour, or face the prospect of returning to prison.
Can someone with a life sentence ever be fully free?
No, when someone receives a life sentence in Canada, they will be under lifelong supervision and will have to follow the restrictions imposed by their parole.
What is the sentence for manslaughter?
The maximum manslaughter sentence in Canada can be life imprisonment as well. However, unlike murder charges, a conviction for manslaughter allows eligibility for parole after one-third of the actual sentence served.
Does Canada have life sentences?
Yes, the Canadian Criminal Code includes life sentences for the most severe offences, for example, first-degree and second-degree murder. These charges are viewed as the most serious and require the involvement of experienced murder lawyers.
Conclusion: Understanding How Long a Life Sentence Really Is in Canada
When someone receives a life sentence in Canada, they will never be free. Even if released on parole, they will need to follow the restrictions imposed by their parole conditions or face the chance of returning to prison if they fail.
The Criminal Code of Canada sets the parole eligibility at 25 years for first-degree murder and 10-25 years for second-degree murder, often served in prisons with maximum security level. The lifelong supervision and social stigma following the conviction add up to the severity of the sentence imposed.
If you or someone you know faces murder or manslaughter charges in Toronto or anywhere else in the GTA or Ontario, including Barrie, Innisfil, Richmond Hill, or Vaughan, please don’t hesitate to contact Vilkhov Law’s criminal lawyer. Our legal team will offer a free initial consultation and will ensure the most robust legal defence.
