Vol. 145, No. 26 — December 21, 2011
SI/2011-107 December 21, 2011
PROTECTING CANADIANS BY ENDING SENTENCE DISCOUNTS FOR MULTIPLE MURDERS ACT
Order Fixing December 2, 2011 as the Day on which the Act Comes into Force
P.C. 2011-1383 November 29, 2011
His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 11 of Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act, chapter 5 of the Statutes of Canada, 2011, hereby fixes December 2, 2011 as the day on which that Act comes into force, other than section 10, which came into force on assent.
(This note is not part of the Order.)
The Order fixes December 2, 2011, as the date of coming into force of former Bill C-48, An Act to Amend the Criminal Code and to make consequential amendments to the National Defence Act (“the Act”), which received Royal Assent on March 23, 2011.
The Act amends the Criminal Code to authorize a judge to order that convicted multiple murderers (first and second degree) serve the parole ineligibility period associated with each murder consecutively, instead of concurrently as is the case under the current law. The judge’s order will be made based on criteria currently in the Criminal Code at section 745.4, namely the character of the offender, the nature of the offence, the circumstances surrounding the commission of the offence and the recommendation of the jury, if any.
If such an order were made, a multiple murderer would serve the parole ineligibility period for the first murder (that may range from 10 to 25 years) followed by a 25-year ineligibility period for each murder after the first.
The Act will oblige the judge to seek a recommendation from the jury and to state orally or in writing the reasons for making or for not making the order, as the case may be. All decisions under the Act are subject to appeal by both the Crown and defence according to the normal Criminal Code appeal rules.
It is anticipated that the Act will not have a significant impact on the Correctional Service of Canada, the Parole Board of Canada or the Office of the Correctional Investigator because of the rarity of multiple murders in Canada and because there is no impact until the expiry of the parole ineligibility period of the first murder (10 to 25 years).
It is anticipated that the Act will not have a significant impact on the provincial or territorial governments.