B.C. court finds Criminal Code first-degree murder parole provision unconstitutional
- The B.C. Supreme Court ruled that a section of the Criminal Code is unconstitutional because it treats all first-degree murderers the same, regardless of the number of victims, violating Charter guarantees against cruel and unusual punishment.
- The ruling involved the case of Caroline Bernard, who was murdered by Luciano Mariani, who pleaded guilty to first-degree murder and challenged the law requiring a 25-year prison sentence before parole eligibility.
- The judge stated that the moral culpability and gravity of mass or serial murders differ significantly from those who commit a single murder, demanding different sentences for different offenses.
- The B.C. Prosecution service noted that the law could potentially be upheld by the Charter's reasonable limits clause, but no hearing has been scheduled yet.
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Leaning Left19Leaning Right2Center3Last UpdatedBias Distribution79% Left
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