Crimes Against Humanity and War Crimes Act — C-45.9 15
Parole eligibility 15 (1) The following sentence shall be pronounced against a person who is to be sentenced to imprisonment for life for an offence under section 4 or 6: (a) imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, if a planned and deliberate killing forms the basis of the offence; (b) imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, if an intentional killing that is not planned and deliberate forms the basis of the offence, and (i) the person has previously been convicted of an offence under section 4 or 6 that had, as its basis, an intentional killing, whether or not it was planned and deliberate, or (ii) the person has previously been convicted of culpable homicide that is murder, however described in the Criminal Code ; (c) imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or any greater number of years, not being more than 25, that has been substituted for it under section 745.4 of the Criminal Code , if an intentional killing that is not planned and deliberate forms the basis of the offence; and (d) imprisonment for life with normal eligibility for parole, in any other case. Parole eligibility (1.1) The sentence pronounced against a person who is to be sentenced to imprisonment for life for an offence under section 5 or 7 shall be imprisonment for life with normal eligibility for parole. Provisions of Criminal Code apply (2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that the circumstances require, to a sentence of life imprisonment imposed under this Act, and, for the purpose of applying those provisions, (a) a reference in sections 745.1, 745.3, 745.5 and 746.1 of the Criminal Code to first degree murder is deemed to be a reference to an offence under section 4 or 6 of this Act when a planned and deliberate killing forms the basis of the offence; (b) a reference in sections 745.1 to 745.5 and 746.1 of the Criminal Code to second degree murder is deemed to be a reference to an offence under section 4 or 6 of this Act when an intentional killing that is not planned and deliberate forms the basis of the offence; (c) a reference in sections 745.4 and 746 of the Criminal Code to section 745 of that Act is deemed to be a reference to subsection (1) or (1.1) of this section; (d) a reference in section 745.6 of the Criminal Code to the province in which a conviction took place is deemed, in respect of a conviction that took place outside Canada, to be a reference to the province in which the offender is incarcerated when the offender makes an application under that section; and (e) a reference in section 745.6 of the Criminal Code to murder is deemed to be a reference to an offence under section 4 or 6 of this Act when an intentional killing forms the basis of the offence. Minimum punishment (3) For the purpose of Part XXIII of the Criminal Code , the sentence of imprisonment for life prescribed by sections 4 and 6 is a minimum punishment when an intentional killing forms the basis of the offence.