What is a Life Imprisonment Sentence?

A life imprisonment sentence is the most severe punishment for certain serious crimes. It lasts for the rest of the offender’s life.

People serving a life sentence in Alberta are held in federal penitentiaries, such as:

  • Bowden Institution.
  • Drumheller Institution.
  • Edmonton Institution.
  • Edmonton Institution for Women.

Most people serving a life sentence can apply for parole after a set period, but being eligible for parole does not mean automatic release. In Alberta, the Alberta Parole Board only decides parole for sentences of less than two years. Parole for life sentences is always decided by the Parole Board of Canada.

If an offender is released on parole, they remain under supervision for the rest of their life and can be returned to prison if they break their conditions. Statutory release does not apply to life sentences.

How do the Alberta courts impose life sentences and parole periods?

Although many indictable offences carry a maximum penalty of life imprisonment, this sentence is rarely imposed by the Alberta courts, except for murder and other serious violent offences. Murder, high treason, and aggravated sexual assault can lead to a life sentence.

In Alberta, the most serious trials are held in the Court of King’s Bench of Alberta. Both first- and second-degree murder carry a mandatory sentence of life imprisonment. First-degree murder and high treason carry the longest period of parole ineligibility. Under paragraph 745(a) of the Criminal Code, a person convicted of either offence cannot apply for parole until 25 years after the date they were taken into custody. For second-degree murder, the judge sets the parole ineligibility period at between 10 and 25 years.

Other routes may also affect a life sentence. For older cases, the “faint hope clause” may allow an earlier parole eligibility date. A ministerial review can send a case back to the courts if there may have been a wrongful conviction.

If you are facing serious charges, you need a criminal defence lawyer to look at your case as soon as possible.

Which offences carry a life imprisonment sentence?

In Alberta, life imprisonment is usually reserved for serious violent offences, such as first-degree murder, high treason, or certain forms of aggravated sexual assault. However, other offences are legislated to carry a maximum penalty of life imprisonment.

For example, the straight indictable offence of break and enter to a residence carries a maximum sentence of life imprisonment under Section 348 of the Criminal Code. This means the courts could impose such a sentence.

In 2011, the Criminal Code was amended to allow judges to stack parole ineligibility periods for people convicted of more than one murder. This could mean waiting 50, 75 or even 150 years for parole. In 2022, the Supreme Court of Canada struck down this law in R v Bissonnette, finding that a sentence with no realistic chance of parole is cruel and unusual punishment. The longest period of parole ineligibility in Canada is now 25 years.

While life sentences are rare in cases outside of murder, the courts may apply a dangerous offender designation in cases involving serious violent or sexual offences. Such a designation may result in an indeterminate sentence with no maximum limit, but a parole review occurs after 7 years and every 2 years after that.

Appealing a life sentence in Alberta

When a person is sentenced to life imprisonment, they have the right to appeal the conviction or sentence. In Alberta, these appeals are heard by the Court of Appeal of Alberta.

Appeals can be made under various circumstances, including:

  • Errors by the prosecution.
  • Errors or oversight by the judge.
  • Procedural irregularities.
  • New evidence.
The appeals process provides an opportunity to challenge the conviction or seek a reduction in the sentence. If you are considering an appeal, learn more about appealing a criminal conviction.

‘Faint hope clause’ applications

Section 745.6 of the Criminal Code is known as the ‘faint hope clause.’

It originally applied to offenders who were:

  • Sentenced to life imprisonment without parole eligibility for 15 years or more.
  • Convicted of high treason or first-degree murder and ineligible for parole for 25 years.
  • Convicted of second-degree murder with parole eligibility set between 10 and 25 years.

Under the original faint hope clause, an offender who served 15 years of a life sentence could apply to the chief justice of the province where he or she was convicted for a reduction of his or her parole eligibility period. The chief justice then designated a superior court judge to impanel a 12-member jury to hear and determine the application.

The clause is no longer available for any offences committed after December 2, 2011. The federal government passed legislation (Bill S-6) that abolished the faint hope clause for offences committed on or after that date.

If an offence qualifies for the faint hope clause, the offender must demonstrate exceptional circumstances and convince a jury that there is a ‘faint hope’ of parole. Successful applicants can have their parole eligibility reduced to as low as 15 years.

Applications for ministerial review

In certain cases, individuals serving life imprisonment sentences may apply for a review of their case by the Minister of Justice. This process is for people who believe they were wrongfully convicted. It is not a way to apply for parole.

Under sections 696.1 – 696.6 of the Criminal Code, the Minister of Justice has the lawful authority to review a criminal conviction under federal law to determine whether there may have been a miscarriage of justice.

In short, the review process begins when a person submits an ‘application for ministerial review (miscarriages of justice),’ also known as a conviction review application. The application for ministerial review must be supported by new matters of significance. This usually consists of important new information or evidence that was not previously considered by the courts. If the minister is satisfied that those matters provide a reasonable basis to conclude that a miscarriage of justice likely occurred, the minister may grant the convicted person a remedy and return the case to the courts. This is done either by referring the case to a court of appeal to be heard as a new appeal or directing that a new trial be held.

In 2024, Parliament passed a law to replace ministerial review with an independent Miscarriage of Justice Review Commission. Until the Commission is fully operating, the Minister of Justice continues to review applications.

Applications under the ‘faint hope clause’ or for ministerial review usually require a qualified lawyer. For more information, book a consultation with Strategic Criminal Defence today.

FAQs:

A ’25 years to life’ sentence is a term used to indicate the minimum period of incarceration before an individual becomes eligible for parole consideration. It means that after serving a minimum of 25 years, the offender may be considered for release on parole.

A life sentence in Canada lasts for the rest of the person’s life. The person may be released on parole, but they stay under supervision for life. Parole eligibility and potential release may be determined through various legal mechanisms, including the ‘faint hope clause’ and ministerial review. A first-degree murder conviction results in a minimum of 25 years imprisonment before parole eligibility, whereas second-degree murder, although also a life sentence, provides parole eligibility after between 10 and 25 years served, as set by the judge.

Yes, individuals sentenced to life imprisonment can be considered for parole after serving a specified period of incarceration, subject to meeting the criteria and assessment by the Parole Board of Canada.

For life sentences, the parole eligibility date is set by law or by the judge: 25 years for first-degree murder, between 10 and 25 years for second-degree murder, and generally 7 years for other life sentences.

A person who was under 18 at the time of the offence can only receive a life sentence if the court gives them an adult sentence. For example, a youth who receives an adult sentence for murder is sentenced to life imprisonment, but with an earlier parole eligibility date than an adult: between 5 and 10 years, depending on their age and the type of murder. Most youth receive a youth sentence instead.

Notably, in some unique circumstances, minors between the ages of 14 and 18 can be given an adult sentence for especially heinous violent crimes.

This was evidenced when an offender, who was 17 at the time of the offence, was later convicted of manslaughter in the killing of a Calgary Police Officer in 2020. While the offender did not receive a life sentence in this circumstance, it should be noted that minors can be sentenced as adults in such circumstances.

The young man was tried in the Court of King’s Bench of Alberta.  The judge gave him an adult sentence of 12 years because the maximum youth sentence for manslaughter was not enough to hold him accountable.

Parole and statutory release are both types of conditional release for people serving federal sentences (two years or more), but there are two major differences:

  • Timing: Most people can apply for full parole after serving one-third of their sentence or 7 years, whichever comes first. Statutory release usually happens after two-thirds of the sentence.
  • How it is granted: Parole must be applied for and granted by the Parole Board of Canada. Statutory release happens automatically by law, unless the Parole Board orders the person to stay in custody because they are likely to commit a serious offence.

Statutory release does not apply to people serving a life sentence or an indeterminate sentence. For sentences under two years, served in Alberta’s provincial correctional centres, parole is decided by the Alberta Parole Board.