Monday, January 30, 2012

Does the "faint-hope" clause apply to the Shafia murders? No

The punishment for first degree murder in Canada is life imprisonment without chance of parole for 25 years. Until recently certain truly reformed offenders could seek release after 15 years.

However, on February 15, 2011 Parliament passed Bill S-6 (Serious Time for the Most Serious Crime Act) which effectively repealed the "faint-hope" clause of the Criminal Code for all future offenders.

The repeal of the "faint-hope" clause means that offenders who commit murder on or after the day the repeal came into force will no longer be able to apply to be eligible for early parole.

Since the Shafia murders took place June 29/30, 2009 the old sentencing regime applies to them and Shafia, Tooba and Hamed could in theory apply for release after 15 years except for s. 745.6 of the Criminal Code which bars multiple murderers from faint hope (I thank @ for pointing this out). In practice, however, it is virtually inconceivable they would qualify for early release.

10 comments:

Connor Jennings said...

Actually, the Shafias are all disqualified from applying under the "faint-hope clause” due to the fact that they were all convicted of more than one count of first degree murder. A 1997 amendment to the criminal code prohibits multiple murderers from applying under the faint-hope clause.

Anonymous said...

Connor Jennings..........

Everyday Morton uses his opinion to create a set of facts that he must teach to Ontario young children.

It's really sad when Morton himself doesn't even know the law.

And why don't we have the death penalty again or life without parole?

Why is that ????

Why is there no LIFE WITHOUT PAROLE here in Canada???

James C Morton said...

Connor, you are right! s. 745.6 (2)

James C Morton said...

So I am correcting

Rotterdam said...

Dear Anon: It was a honest mistake that he corrected. Have you never made a mistake?

Anonymous said...

"Dear Anon: It was a honest mistake that he corrected. Have you never made a mistake?"


ROTTERDAM?????

THIS GUY GOES ON TV AND IS IN NEWSPAPERS AS A SO CALLED EXPERT ON THE LAW.......

I HAVE ONLY A COLLEGE LEVEL LAW EDUCATION AND I KNEW THIS.

MORTON IS A PROFESSOR TEACHING OUR CHILDREN AND HE DOESN'T KNOW THE LAW?????????


HOW DID HE PASS THE BAR???????

How does Morton not know that law, yet find himself in a classroom???


This is no joke. This is unreal. I can't even believe it.

Anonymous said...

Anon, you may only have a college level education, but you do a very good job of conveying your outrage with the use of ALL CAPS and multiple punctuation marks.

Anonymous said...

"Anon, you may only have a college level education, but you do a very good job of conveying your outrage with the use of ALL CAPS and multiple punctuation marks."


Thank You.

Connor Jennings said...

It was in deed an honest mistake and we all make them. I was not trying to embarrass anybody, just wanted to correct the mistake.

Anonymous said...

"It was in deed an honest mistake and we all make them. I was not trying to embarrass anybody, just wanted to correct the mistake."


How could that be an honest mistake??

It must have took him at last a minute to do the post, yet he never caught the error?


It would be like a doctor forgetting how to do brain surgery after he already cut open your skull.

Does that sound fun?