Ineligibility for Criminal Organization and Terrorism Offences

Section 743.6(1.2) of the Criminal Code provides that, in the case of criminal organization or terrorism offences for which the offender receives a sentence of two years or more, a trial judge shall impose an order of ineligibility for parole for ten years or half the total sentence, whichever is less, unless denunciation and deterrence objectives do not require it. 

In imposing an order under s.743.6(1.), the trial judge cannot apply it to a global sentence received for criminal organization/terrorism offences and other offences not captured by s.743.6(1.2). The order must be limited to the sentence imposed for the criminal organization or terrorism offences: R v Saikaley, 2017 ONCA 374 at paras 167-174

Ineligibility for Second Degree Murder

Section 745.4 of the Criminal Code provides that a judge may increase parole ineligibility above the normal ten-year period for an offender convicted of second degree murder up to 25 years, having regard to: the character of the offender, the nature of the offence and the circumstances surrounding its commission, and the recommendation of the jury, if any.

 

To justify such an order, the court may consider the future dangerousness of the offender and denunciation, as well as deterrence: R v Van Every, 2016 ONCA 87 at para 86; R v Sinclair, 2017 ONCA 338 at para 149

Appellate intervention should only occur where a party demonstrates the application of an erroneous principle that has resulted in a period of parole ineligibility that is clearly or manifestly excessive or inadequate: Sinclair, at para 151