Faint hope clause

The "Faint Hope Clause", the popular name for Section 745.6 of the Criminal Code of Canada, is a statutory provision that allows Canadian prisoners who have been sentenced to life in prison, without the possibility of parole for a period greater than 15 years, to apply for early parole after he or she has served 15 years. The section was added after Canada abolished the death penalty in 1976 and replaced it with mandatory life sentences for first and second degree murder. This particular provision was added in order to encourage convicted murderers in Canada to rehabilitate themselves and to reflect the fact that other countries allow convicted murderers to be paroled after on average 15 years of incarceration.

A Faint Hope Clause application begins when the prisoner applies to the Chief Justice of the province where they were convicted. The Chief Justice (or another designated judge) then reviews the application to determine whether there is a reasonable chance the prisoner could be successful in his or her application before a jury, and if the applicant is likely to succeed, the court will empanel a jury to hear the application. The jury may hear evidence relating to the character of the prisoner, the prisoner's conduct while in prison, the nature of the offence, the effect of the crime on the family of the victim, and other information the presiding judge deems relevant. The jury then decides whether, if at all, the parole eligibility period should be reduced. The jury decision to reduce the parole eligibility period must be unanimous. If the parole eligibility period is reduced, this merely permits the prisoner to apply for early parole, and the ultimate decision of whether to grant parole lies with the National Parole Board.

Persons convicted of multiple murders are not eligible to apply for a reduction in their parole eligibility period.

Between 1987 and 2006, there were approximately 1,500 prisoners who were eligible to apply for early release. 145 offenders applied under s. 745.6, and 118 were granted permission to apply to the National Parole Board for early release. Of these 118, 97 were granted parole by the Parole Board.

The Faint Hope Clause remains controversial in Canada.Fact|date=June 2008 Critics argue that applications made under the section unfairly traumatize the families of victims, while proponents argue that the section is necessary to give convicted murders some hope thus preventing prisons from being even more dangerous than they already are. The Conservative Government of Canada, elected in January 2006, pledged during the election campaign to repeal the Clause. In August 2006, the Canadian Minister of Justice at the time, Vic Toews, re-affirmed this commitment stating that he would introduce legislation in the fall of 2006 to repeal the Faint Hope Clause. Despite this, in an April 24 2007 meeting of the Standing Committee on Justice and Human Rights the current Canadian Minister of Justice, Rob Nicholson, indicated that no legislation repealing the Faint Hope Clause had been introduced and that it was not a priority for him to do so. [http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=10474&SourceId=204419&SwitchLanguage=1]

External links

* [http://www.cbc.ca/news/background/crime/faint-hope.html CBC Backgrounder on the Faint Hope Clause]
* [http://www.canlii.org/ca/sta/c-46/sec745.6.html Criminal Code s. 745.6]
* [http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=M1ARTM0011383 Faint Hope: Background]