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The Evolution Of Life Sentences For Second-Degree Murder: Parole Ineligibility And Time Spent In Prison, Debra Parkes, Jane Sprott, Isabel Grant Jan 2022

The Evolution Of Life Sentences For Second-Degree Murder: Parole Ineligibility And Time Spent In Prison, Debra Parkes, Jane Sprott, Isabel Grant

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Canada's murder sentencing regime has been in effect since 1976, and yet very little data has examined what these sentences actually mean for those convicted. This paper begins to fill this gap by examining the meaning of a life sentence for those convicted of second degree murder in Canada. Using data provided by the Correctional Investigator, we examine both the parole ineligibility periods imposed by sentencing judges, and how long people are serving before a grant of full parole over time from 1977 to 2020. We found statistically significant increases over time in both judicial parole ineligibility periods, and in …


The Meaning Of Capacity And Consent In Sexual Assault: R. V. G.F., Isabel Grant, Janine Benedet Jan 2022

The Meaning Of Capacity And Consent In Sexual Assault: R. V. G.F., Isabel Grant, Janine Benedet

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The Criminal Code provisions dealing with sexual assault have been amended in a piecemeal fashion several times since the major reforms of 1982, which replaced the offences of rape and indecent assault with a three-tiered sexual assault offence. Many of these reforms were brought forward in response to particular judicial decisions that provoked controversy and concern. In most cases, new provisions were added without removing or amending related provisions already in place. What remains is a set of provisions that do not work together as a coherent whole.