Life Sentence
A life sentence is a sentence of imprisonment for the natural life of the offender. In Canada, life sentences are imposed for first-degree murder, second-degree murder, and certain other very serious offences (treason, certain repeat dangerous offender designations). The sentence does not generally mean the offender will die in custody — most life-sentenced prisoners eventually obtain parole — but it does mean lifelong supervision and the possibility of return to custody on any breach.
Mass Tsang's criminal lawyers handle homicide and other life-maximum files with the full attention the stakes demand.
First-degree murder
First-degree murder under section 231 carries an automatic life sentence with parole ineligibility of 25 years. The judge has no discretion on either component — the sentence is mandatory. The 25-year period runs from the date the accused was first taken into custody on the offence. The 25-year parole-ineligibility period is the longest mandatory parole ineligibility in Canadian law.
Second-degree murder
Second-degree murder under section 235 carries an automatic life sentence with parole ineligibility ranging from 10 to 25 years. The sentencing judge sets the parole-ineligibility period within that range, considering the character of the offender, the nature of the offence, the circumstances surrounding it, and any recommendation by the jury. The default minimum is 10 years; longer periods reflect aggravating factors.
Consecutive parole-ineligibility periods
Until 2022, section 745.51 allowed sentencing judges to impose consecutive parole-ineligibility periods for multiple murders — potentially leading to 50, 75, or even longer parole-ineligibility periods. The Supreme Court in R v Bissonnette, 2022 struck the provision down as unconstitutional under section 12 of the Charter (cruel and unusual punishment). The current law restores a 25-year maximum parole-ineligibility period for any single sentencing event.
Other offences carrying life maximums
Many serious offences carry life as a maximum penalty without being mandatory — aggravated sexual assault, kidnapping, robbery, drug trafficking of Schedule I substances, hijacking, manslaughter, and others. Life sentences for these offences are imposed by the sentencing judge on the facts of the case; mid-range or lower sentences are typical except for the most serious offenders.
What life means in practice
Life-sentenced prisoners are subject to lifelong supervision. Even after parole, they remain on parole for the rest of their lives — any breach can return them to custody. They cannot be granted record suspension. They face significant restrictions on travel, residence, and association. The collateral consequences of a life sentence extend far beyond any custodial period.
Related glossary terms
