British Columbia's top court weighs early parole hope for first-degree murder

The term

faint-hope clause

First-degree murder in Canada carries life in prison with no parole for at least 25 years. The faint-hope clause, which let some apply for parole after 15 years, was scrapped in 2011.

In 2025, a B.C. Supreme Court judge ruled that its absence violates the Charter of Rights and Freedoms and restored it in the province. The case is that of Luciano Mariani, who pleaded guilty to the 2021 murder of Caroline Bernard on Vancouver Island.

The Crown

The same minimum for all

The defence

Bring back the 15-year option

The Crown argues every first-degree murder merits the minimum, saying there are no small murders. The defence argues a one-size-fits-all sentence is not consistent with how Canadians treat people.

What's next

The B.C. Court of Appeal heard arguments in June and is expected to rule this fall. Upholding the ruling would likely send the question to the Supreme Court of Canada.

Canada · 18 d ago

British Columbia's top court weighs early parole hope for first-degree murder

First-degree murder in Canada carries life in prison with no parole for at least 25 years. The faint-hope clause, which let some apply for parole after 15 years, was scrapped in 2011.

The Crown argues every first-degree murder merits the minimum, saying there are no small murders. The defence argues a one-size-fits-all sentence is not consistent with how Canadians treat people.

The B.C. Court of Appeal heard arguments in June and is expected to rule this fall. Upholding the ruling would likely send the question to the Supreme Court of Canada.

British Columbia's top court weighs early parole hope for first-degree murder

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