A life sentence in Canada lasts for the rest of the offender’s natural life. Parole is possible after a set number of years, but parole is a release from prison, not the end of the sentence. A person convicted of first-degree murder may apply for parole after 25 years; for second-degree murder, after 10 to 25 years as set by the judge; and where a life sentence is imposed for another offence, such as manslaughter or aggravated sexual assault, after 7 years.
Below, we explain how life sentences actually work in Canada, the parole eligibility rules by offence, what the Supreme Court’s Bissonnette decision changed for multiple murders, what life in a federal prison involves, and how a life sentence compares to a dangerous offender designation.
Key Takeaways
- A life sentence means lifelong jurisdiction of the correctional system: in prison, then — if parole is granted — under community supervision until death.
- Parole eligibility is not an automatic release: after the waiting period, the Parole Board of Canada makes its decision based on risk, and first applications are frequently denied.
- Eligibility periods: 25 years (first-degree murder), 10–25 years (second-degree murder, set by the judge; 25 where there is a prior murder conviction), 7 years (life sentences for other offences, under the Corrections and Conditional Release Act).
- Consecutive parole-ineligibility periods for multiple murders were struck down by the Supreme Court in R v Bissonnette (2022 SCC 23) — 25 years is now the constitutional ceiling.
- Canada has no death penalty (abolished in 1976) and no statutory release for lifers — a life sentence never expires.
- Breaching parole conditions can return a lifer to prison at any point, decades after release.
What Is a Life Sentence in Canada?
A life sentence is the most severe punishment in Canadian law: an indeterminate sentence under which the offender remains within the correctional system — in custody or on parole — for the rest of their natural life. It is mandatory for first- and second-degree murder and available as a maximum for the most serious other offences, including manslaughter, aggravated sexual assault, and kidnapping. Parole, or conditional release, allows a lifer to serve part of the sentence in the community under strict conditions — but the sentence itself never ends, and there is no statutory release for life or indeterminate sentences.
Which Offences Can Carry a Life Sentence in Canada?
Life imprisonment is mandatory for first- and second-degree murder and available as the maximum penalty for a range of the most serious offences. Those include manslaughter, aggravated sexual assault, kidnapping, robbery, breaking and entering a dwelling, and trafficking in certain controlled substances. The difference matters at sentencing: for murder, the judge must impose life and decide only the parole-ineligibility period; for the other offences, life is the ceiling, and most sentences fall well below it. Whether a homicide is murder or manslaughter, and whether self-defence applies, is therefore often the highest-stakes question in the case.
How Long Is a Life Sentence in Canada?
A life sentence lasts for the offender’s entire natural life. What varies by offence is only how soon the person may apply for parole. For murder, the waiting periods are set directly by section 745 of the Criminal Code:
| Conviction | Parole eligibility | Source |
|---|---|---|
| First-degree murder | 25 years | s. 745(a) |
| Second-degree murder — prior murder conviction | 25 years | s. 745(b) |
| Second-degree murder | 10–25 years, set by the sentencing judge | s. 745(c) / s. 745.4 |
| Life sentence for any other offence (e.g., manslaughter, aggravated sexual assault) | 7 years | s. 745(d) Criminal Code + s. 120(2) Corrections and Conditional Release Act |
One precision worth noting: section 745(d) of the Criminal Code itself says only that a life sentence for any offence other than murder or high treason carries “normal eligibility for parole” — it does not state a number of years. The 7-year figure comes from a separate statute, section 120(2) of the Corrections and Conditional Release Act, which sets the waiting period at 7 years (less any time already spent in pre-sentence custody) for anyone serving a life sentence that was not imposed as a mandatory minimum.
Lifers may also become eligible for day parole three years before full parole eligibility, and for escorted temporary absences earlier, all at the Parole Board’s discretion.
Is a Life Sentence Only 25 Years? Clearing Up the Most Common Myth
No — a life sentence is never “25 years.” The 25-year figure is the parole eligibility date for first-degree murder, not the length of the sentence: the sentence continues for life, in prison or in the community. The confusion arises from conflating eligibility with statutory release, which allows offenders serving fixed-term sentences to be released after two-thirds of their term; lifers are excluded from statutory release entirely. The American phrase “25 to life” has no formal meaning in Canadian law either: in Canada, first-degree murder is simply life imprisonment with no parole eligibility for 25 years. Eligibility does not guarantee release — it only opens the door to a Parole Board hearing.
How Parole Works for Life Sentences
After serving the waiting period, a lifer may apply to the Parole Board of Canada, which grants release only where the risk to society is manageable, and first applications are commonly refused.
The Board weighs the severity and circumstances of the offence, the offender’s institutional behaviour and rehabilitation, and the risk of reoffending. If parole is denied, the Board must set a date for the next review. For most offenders, that next review comes within two years; for offenders convicted of murder or any other offence involving violence, section 123(5.01) of the Corrections and Conditional Release Act sets that reapplication window at up to five years instead. If granted, release comes with strict conditions: reporting to a parole officer, remaining in Canada, disclosing changes of residence and employment, and any offence-specific restrictions. A breach or any new offence can result in suspension and return to custody, no matter how many years have passed since release.
Multiple Murders: What R v Bissonnette Changed
Since the Supreme Court’s decision in R v Bissonnette, 2022 SCC 23, judges can no longer stack parole-ineligibility periods for multiple murders — 25 years before eligibility is the constitutional maximum. Section 745.51 had allowed consecutive 25-year periods for each first-degree murder, producing eligibility dates of 50, 75, or even 150 years. The Court struck the provision down as cruel and unusual punishment under section 12 of the Charter, holding that a sentence with no realistic possibility of parole is incompatible with human dignity. The ruling applied retroactively to offenders sentenced under the provision.
One further nuance: offenders who committed murder before December 2, 2011 — the date the Serious Time for the Most Serious Crime Act (Bill S-6) came into force — may still apply under the “faint hope” clause (section 745.6) for a reduced ineligibility period after 15 years. Bill S-6 repealed the clause for any murder committed on or after that date.
What Is Life in Prison in Canada Actually Like?
A lifer starts in a federal institution at the security level the Correctional Service of Canada assigns after assessment, typically maximum or medium for murder convictions, and can cascade to lower security over years of compliance. Security levels differ in living environment, routines, physical barriers, and behavioural expectations. Progress through programs, work, and clean institutional conduct is exactly what the Parole Board later scrutinizes. After release, life on parole is constrained: supervision meetings, geographic and association restrictions, and the permanent possibility of re-incarceration define the rest of the sentence.
Life Sentences vs. Dangerous Offender Designations
A life sentence and a dangerous offender designation both produce indeterminate custody — but the parole clocks differ. A dangerous offender designation, available for serious personal injury offences and repeat sexual offences, results in detention for an indeterminate period with a first parole review after 7 years and further reviews every 2 years, under section 761 of the Criminal Code. A lifer’s eligibility depends on the offence (7–25 years), with reapplication periods of up to 5 years after refusal for murder. In both regimes, release is the exception that must be earned, not the rule.
“When clients or their families hear ‘life sentence,’ the first question is always the same: how long, really? The honest answer is that the sentence never ends — what we fight for at trial and at sentencing is the parole eligibility date, because in a murder case the difference between 10 and 25 years of ineligibility is the single largest consequence the court will decide.”
— Benson Wilson, Criminal Defence Lawyer, Vilkhov Law
Facing a Murder or Manslaughter Charge? Contact Vilkhov Law
In homicide cases, the verdict and the parole-ineligibility period are both fought battles — the difference between first-degree murder, second-degree murder, and manslaughter defines the rest of a person’s life. If you or someone you know faces murder or manslaughter charges in Toronto, Barrie, Innisfil, Richmond Hill, Vaughan, or anywhere in the GTA and Ontario, Vilkhov Law’s criminal defence team offers a free initial consultation.
Frequently Asked Questions
How long is a life sentence in Canada?
For the offender’s entire natural life. Parole eligibility arises after 25 years for first-degree murder, 10–25 years for second-degree murder, and 7 years where a life sentence is imposed for another offence — but parole is supervised release, not the end of the sentence.
Is a life sentence 25 years in Canada?
No. The 25-year figure is only the parole eligibility date for first-degree murder. The sentence itself continues for life, and lifers are not eligible for statutory release.
What does “25 to life” mean in Canada?
Nothing, formally — it is an American sentencing phrase. The Canadian equivalent for first-degree murder is life imprisonment with no parole eligibility for 25 years.
Does life in prison mean until you die?
The sentence lasts until death, but not necessarily in prison: a lifer granted parole serves the rest of the sentence in the community under lifelong supervision and can be returned to custody for any breach.
Can someone with a life sentence ever be fully free?
No. Even decades after release on parole, a lifer remains under correctional jurisdiction, subject to conditions and to suspension of parole.
What is the parole eligibility for manslaughter in Canada?
If the court imposes a life sentence for manslaughter, parole eligibility arises after 7 years under section 745(d) of the Criminal Code and section 120(2) of the Corrections and Conditional Release Act. Where a fixed-term sentence is imposed instead, full parole eligibility generally arises after one-third of the sentence or 7 years, whichever is less.
Does Canada have the death penalty?
No. Canada abolished the death penalty for civilian offences in 1976 (and for military offences in 1998). Life imprisonment is the most severe sentence available.
Can judges still stack parole ineligibility for multiple murders?
No. R v Bissonnette (2022 SCC 23) struck down consecutive ineligibility periods as unconstitutional — 25 years before parole eligibility is now the maximum, regardless of the number of victims.
