Faint-Hope Clause
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In Canada, the so-called "Faint-Hope Clause" (Section 745.6 of the Canadian Criminal Code) specifies that prisoners serving the maximum sentence of life in prison without the possibility of parole for 25 years, may apply for early parole after 15 years has been served. It is so called because very few prisoners are actually granted this early release. This section of Canadian Criminal Code was added after Canada abolished the death penalty in 1976 and replaced it the 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.
This section of the criminal code was amended in 1997. Applications for early parole made under the section are now first reviewed by judge who determines whether or not the application should be submitted to a jury for consideration. Previous to the amendment, applications were not reviewed and always went directly to a jury for consideration. The 12 person jury is also now required to be unaminous for the application to be accepted (previously only eight out of the 12 jurors had to agree). Also, the section was amended so that people convicted of more than one murder in Canada, where one or more of the murders was committed after January 9, 1997, must now serve 25 years before being eligible for parole.
Even with this amendment, the Faint Hope Clause still remains controversial in Canada. 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, Canadian Justice Minister Vic Toews re-affirmed this commitment stating that he would introduce legislation in the fall of 2006 to repeal the Faint-Hope Clause.
