PAROLE ELIGIBILITY
Parole eligibility
15. (1) The following sentence shall be pronounced against a person who is to be
sentenced to imprisonment for life for an offence under section 4 or 6:
(a) imprisonment for life without eligibility for parole until the person has served 25
years of the sentence, if a planned and deliberate killing forms the basis of the
offence;
(b) imprisonment for life without eligibility for parole until the person has served 25
years of the sentence, if an intentional killing that is not planned and deliberate
forms the basis of the offence, and
(i) the person has previously been convicted of an offence under section 4 or 6
that had, as its basis, an intentional killing, whether or not it was planned and
deliberate, or
(ii) the person has previously been convicted of culpable homicide that is
murder, however described in the Criminal Code;
(c) imprisonment for life without eligibility for parole until the person has served at
least 10 years of the sentence or any greater number of years, not being more
than 25, that has been substituted for it under section 745.4 of the Criminal Code,
if an intentional killing that is not planned and deliberate forms the basis of the
offence; and
(d) imprisonment for life with normal eligibility for parole, in any other case.
Parole eligibility
(1.1) The sentence pronounced against a person who is to be sentenced to
imprisonment for life for an offence under section 5 or 7 shall be imprisonment for life
with normal eligibility for parole.
Provisions of Criminal Code apply
(2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that
the circumstances require, to a sentence of life imprisonment imposed under this Act,
and, for the purpose of applying those provisions,
(a) a reference in sections 745.1, 745.3, 745.5 and 746.1 of the Criminal Code to
first degree murder is deemed to be a reference to an offence under section 4 or 6
of this Act when a planned and deliberate killing forms the basis of the offence;
(b) a reference in sections 745.1 to 745.5 and 746.1 of the Criminal Code to
second degree murder is deemed to be a reference to an offence under section 4
or 6 of this Act when an intentional killing that is not planned and deliberate forms
the basis of the offence;
(c) a reference in sections 745.4 and 746 of the Criminal Code to section 745 of
that Act is deemed to be a reference to subsection (1) or (1.1) of this section;
(d) a reference in section 745.6 of the Criminal Code to the province in which a
conviction took place is deemed, in respect of a conviction that took place outside
Canada, to be a reference to the province in which the offender is incarcerated
when the offender makes an application under that section; and
(e) a reference in section 745.6 of the Criminal Code to murder is deemed to be a
reference to an offence under section 4 or 6 of this Act when an intentional killing
forms the basis of the offence.
Minimum punishment
(3) For the purpose of Part XXIII of the Criminal Code, the sentence of
imprisonment for life prescribed by sections 4 and 6 is a minimum punishment when
an intentional killing forms the basis of the offence.

PAROLE ELIGIBILITY


15. Parole eligibility

(1) The following sentence shall be pronounced against a person who is to be
sentenced to imprisonment for life for an offence under section 4 or 6:

(a) imprisonment for life without eligibility for parole until the person has served 25
years of the sentence, if a planned and deliberate killing forms the basis of the
offence;
(b) imprisonment for life without eligibility for parole until the person has served 25
years of the sentence, if an intentional killing that is not planned and deliberate
forms the basis of the offence, and
(i) the person has previously been convicted of an offence under section 4 or 6
that had, as its basis, an intentional killing, whether or not it was planned and
deliberate, or
(ii) the person has previously been convicted of culpable homicide that is
murder, however described in the Criminal Code;
(c) imprisonment for life without eligibility for parole until the person has served at
least 10 years of the sentence or any greater number of years, not being more
than 25, that has been substituted for it under section 745.4 of the Criminal Code,
if an intentional killing that is not planned and deliberate forms the basis of the
offence; and
(d) imprisonment for life with normal eligibility for parole, in any other case.


15. Parole eligibility

(1.1) The sentence pronounced against a person who is to be sentenced to
imprisonment for life for an offence under section 5 or 7 shall be imprisonment for life
with normal eligibility for parole.



15. Provisions of Criminal Code apply

(2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that
the circumstances require, to a sentence of life imprisonment imposed under this Act,
and, for the purpose of applying those provisions,

(a) a reference in sections 745.1, 745.3, 745.5 and 746.1 of the Criminal Code to
first degree murder is deemed to be a reference to an offence under section 4 or 6
of this Act when a planned and deliberate killing forms the basis of the offence;
(b) a reference in sections 745.1 to 745.5 and 746.1 of the Criminal Code to
second degree murder is deemed to be a reference to an offence under section 4
or 6 of this Act when an intentional killing that is not planned and deliberate forms
the basis of the offence;
(c) a reference in sections 745.4 and 746 of the Criminal Code to section 745 of
that Act is deemed to be a reference to subsection (1) or (1.1) of this section;
(d) a reference in section 745.6 of the Criminal Code to the province in which a
conviction took place is deemed, in respect of a conviction that took place outside
Canada, to be a reference to the province in which the offender is incarcerated
when the offender makes an application under that section; and
(e) a reference in section 745.6 of the Criminal Code to murder is deemed to be a
reference to an offence under section 4 or 6 of this Act when an intentional killing
forms the basis of the offence.


15. Minimum punishment

(3) For the purpose of Part XXIII of the Criminal Code, the sentence of
imprisonment for life prescribed by sections 4 and 6 is a minimum punishment when
an intentional killing forms the basis of the offence.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 78
Determination of the sentence
1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).