Legal Project Management Plan & Checklist
Launch a section 12 Charter challenge against the mandatory 25-year parole ineligibility period for first-degree murder in Canada.
What happened to the faint hope clause?: In 2011, Parliament passed Bill S-6, abolishing the faint hope clause (s. 745.6) for any murder committed on or after December 2, 2011, rendering all offenders entirely ineligible for early parole review.
Yes. In R. v. Mariani, the BC Supreme Court ruled that eliminating the faint hope clause violates the s. 12 Charter guarantee against cruel and unusual punishment by excluding the principle of rehabilitation.
Jurisdiction: Superior Court of Justice.
The Process at a Glance: The defence files a Notice of Constitutional Question during the sentencing phase, arguing that the proportionality principle requires a mechanism to recognize personal reform, seeking an order declaring the repeal of s. 745.6 inoperative.
Key Legislation and Case Law: Charter of Rights and Freedoms (s. 12). Criminal Code (s. 745.6). Key case law: R. v. Mariani (BCSC).
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