Respecting Families of Murdered and Brutalized Persons Act

This bill changes the sentencing rules in the Criminal Code for a specific, especially severe type of crime: cases where the same person is convicted of murdering a victim they also kidnapped and sexually assaulted, as part of the same event or connected series of events. Currently, most murder convictions carry a mandatory life sentence with parole eligibility set at 25 years. Under this bill, offenders convicted of this combination of crimes against the same victim would still get a mandatory life sentence, but the judge would have the power to extend the parole ineligibility period beyond 25 years, up to a maximum of 40 years.

To decide on the exact number of years, the trial judge must consider the offender's character, the nature of the offences, and the circumstances of the crime. Before the jury is discharged, the judge must also ask them whether they wish to recommend a specific number of years (between 25 and 40) that the offender should serve before being eligible for parole; the jury isn't required to give a recommendation, but if they do, the judge must take it into account. The judge must give reasons, spoken or written, for whatever decision is made.

The bill also sets out appeal rights: an offender given an extended parole ineligibility period can appeal that decision, and the Attorney General can appeal if a judge sets the ineligibility period at less than 40 years or decides not to extend it at all. Finally, the bill includes technical coordinating provisions to ensure its changes mesh properly with another bill (Bill C-16) if both become law.

This bill amends the Criminal Code to create a new sentencing category for people convicted of abducting, sexually assaulting, and murdering the same victim in the same event or series of events, requiring life imprisonment with parole ineligibility that a judge can set anywhere between twenty-five and forty years.

• Who holds the power — the trial judge (or another judge of the same court if the trial judge cannot act) decides the number of years of parole ineligibility, between twenty-five and forty, based on the offender's character, the nature of the offences, and the circumstances of their commission.
• Jury's role — before being discharged, the jury must be asked whether it wishes to make a recommendation on the number of years, but the jury is not required to make one, and any recommendation is advisory only — the judge is not bound by it.
• Reasons required — the judge must give reasons, orally or in writing, whether or not an order extending parole ineligibility is made, but no other reporting or public disclosure is specified.
• Appeal rights created — the convicted person may appeal the order to the court of appeal; the Attorney General (or counsel instructed by the Attorney General) may appeal either the number of years set (if less than forty) or a decision not to make such an order.
• Coordination with other legislation — if a separate bill, Bill C-16 (Protecting Victims Act), also becomes law, this Act includes rules for how the two Acts' provisions are to be sequenced or amended relative to each other, depending on which comes into force first.
• Discretion left undefined — the bill does not specify criteria, formulas, or a threshold for how a judge is to weigh "character," "nature of the offences," or "circumstances" in choosing a specific number of years within the twenty-five-to-forty range.