Life imprisonment is the most severe punishment available under Canadian criminal law. However, contrary to widespread public belief, a life sentence in Canada does not automatically mean that an individual will spend the rest of their natural life in prison. Instead, life imprisonment operates within a legal framework that balances punishment, public safety, rehabilitation, and constitutional protections against cruel and unusual punishment.
Over the past decade, and particularly following key Supreme Court of Canada rulings, the meaning and application of life sentences have evolved significantly. This has led to ongoing public confusion — especially when high-profile offenders serving life sentences become eligible for parole or are released under strict supervision.
This article provides a comprehensive and up-to-date explanation of life imprisonment in Canada, grounded in the Criminal Code of Canada, relevant jurisprudence, and current correctional practice. It explains which offences carry life sentences, how parole eligibility works, the impact of Supreme Court decisions, and why some individuals may never be released despite being eligible for parole.
Under Canadian law, a life sentence is a sentence of indeterminate duration that legally continues until the offender’s death. The statutory basis for life imprisonment is found primarily in section 745 of the Criminal Code , along with offence-specific sentencing provisions throughout the Code.
Importantly, a life sentence has two distinct components:
Even if parole is granted, the life sentence never ends. The offender remains under the authority of Correctional Service Canada and the Parole Board of Canada for life.
“A life sentence is not erased by parole. It remains in force permanently, with ongoing supervision and the constant risk of being returned to custody.”
— Robbie Tsang, Criminal Defence Lawyer & Managing Partner
Certain offences under Canadian law carry mandatory life imprisonment, meaning judges have no discretion to impose a lesser sentence upon conviction.
A conviction for first-degree murder requires the imposition of life imprisonment with no parole eligibility for 25 years. First-degree murder includes:
Criminal Code, s. 235(1)
Second-degree murder also carries mandatory life imprisonment. However, the sentencing judge sets the parole ineligibility at 10 to 25 years, based on aggravating and mitigating factors.
High treason convictions result in mandatory life imprisonment with parole eligibility after 25 years.
For several serious offences, the Criminal Code authorizes, but does not require, life imprisonment. In these cases, judges must assess the gravity of the offence, the offender’s moral culpability, and public safety concerns.
Offences that may result in discretionary life sentences include:
In these cases, parole eligibility is often set at seven years, unless otherwise specified.
The short answer is no — but the full answer is more complex.
Life imprisonment in Canada means life-long accountability, not necessarily lifelong incarceration. The parole system allows offenders to apply for conditional release once they have served the required parole ineligibility period.
However:
“Parole is a privilege, not a right. Eligibility simply opens the door to review — it does not ensure freedom.”
— Heather Spence, Criminal Defence Lawyer & Partner
Parole eligibility rules are governed primarily by section 745 of the Criminal Code and the Corrections and Conditional Release Act.
| Sentence Type | First Parole Eligibility |
|---|---|
| First-degree murder | 25 years |
| Second-degree murder | 10–25 years (judge-set) |
| High treason | 25 years |
| Other life sentences | Typically 7 years |
Even once eligible, offenders must satisfy the Parole Board that their release would not present an undue risk to society.
Parole is legally defined as a change in how a sentence is served, not a reduction of the sentence itself. This distinction is critical.
Under section 128 of the Corrections and Conditional Release Act, individuals serving life sentences remain under supervision for the rest of their lives. Parole conditions may include:
Any breach may result in immediate suspension or revocation and a return to custody.
In R. v. Bissonnette, 2022 SCC 23, the Supreme Court of Canada fundamentally reshaped life sentencing law.
Section 745.51 of the Criminal Code previously allowed judges to impose consecutive parole ineligibility periods for multiple murders — effectively creating sentences of 50, 75, or even 150 years before parole eligibility.
The Court ruled this unconstitutional, finding that:
As a result, all offenders — regardless of the number of murders — may apply for parole after 25 years.
Ironically, some offenders face a harsher reality through dangerous offender designations under Part XXIV of the Criminal Code.
Dangerous offenders receive indeterminate sentences, meaning:
Statistics consistently show that approximately 95% of dangerous offenders remain incarcerated, compared to roughly 60–65% of individuals serving life sentences.
Despite parole eligibility, many individuals serving life sentences remain incarcerated for decades — or for life — due to:
Parole Board decisions are conservative and evidence-driven, prioritizing public safety above all else.
Public concern often arises when individuals convicted of serious crimes are granted parole. However, parole decisions reflect:
Release does not mean absolution — it means continued control and monitoring.
Offences such as aggravated sexual assault, major drug trafficking , and impaired driving causing death may carry the possibility of life imprisonment.
“When a potential life sentence is on the table, early strategic defence work can fundamentally alter the outcome of a case.”
— Jeff Mass, Criminal Defence Lawyer
The criminal defence lawyers at Mass Tsang bring over 30 years of experience defending Canada’s most serious criminal charges. If you are facing allegations with life-altering consequences, obtaining experienced legal counsel at the earliest stage is essential.
Schedule a confidential consultation with Mass Tsang today.
No. A life sentence means lifelong accountability, but not necessarily lifelong incarceration. Most individuals become eligible to apply for parole after a fixed period, usually 25 years.
Parole eligibility depends on the offence. For first-degree murder and high treason, eligibility begins after 25 years. For second-degree murder, it ranges from 10 to 25 years. Other life sentences may allow eligibility after seven years.
No. Parole changes how a sentence is served but does not end it. Individuals serving life sentences remain under supervision for life and can be returned to prison if they breach the conditions of their sentence.
Yes. Parole is discretionary. The Parole Board of Canada may deny release if the offender is deemed to pose an undue risk to public safety.
No. In 2022, the Supreme Court of Canada ruled that consecutive parole ineligibility periods for multiple murders are unconstitutional. All offenders may apply for parole after 25 years.
A life sentence includes parole eligibility. A dangerous offender designation results in an indeterminate sentence, with no fixed release date and a much lower likelihood of parole.
