Offenders convicted of first or second-degree murder can apply for a reduction in the number of years they must serve in prison before becoming eligible for parole under Section 745 of the Criminal Code. This is also known as the Faint Hope Clause.

A first-degree murder conviction means that the offender is sentenced to life with no possibility of parole until he or she has served 25 years. A second-degree murder conviction means that the offender is sentenced to life with no possibility of parole until he or she has served from 10 to 25 years, depending on what the judge decided at the time of sentencing.

The Faint Hope Clause allows those offenders to apply for early parole consideration after they have served only 15 years of their sentence. The offender’s request is heard by a judge and a 12-member jury panel in a court of law. This is called a judicial review. Surviving relatives of murder victims can make statements during this process. The jury has several options:

• They can turn down the application.

• They can reduce the number of years to be served before the offender is eligible for parole or they can make him or her immediately eligible for parole.

• The jury’s decision must be unanimous.

• The key issue is the risk posed to society if the inmate is released.

Even if the jury recommends that the offender is eligible for parole at an earlier date, the offender still has to go through the parole review process. The National Parole Board will review the case and determine whether he or she will be released on parole or not. They can deny parole or grant parole based on their assessment of the risk that the offender poses to society. Parole is a privilege, not a right.  

Mennonite Central Committee Canada. (2011). Getting through the maze: A guidebook for survivors of homicide.