II. Summary of CAEFS’ Recommendations in Response to Reforming Criminal Code Defences: Provocation, Self-Defence and Defence of Property

1. Abolish the mandatory minimum sentence of life imprisonment for first and second degree murder, and all other mandatory minimum sentences.

2. Abandon the parole ineligibility rules for murder.

3. Permit extension of the period of parole ineligibility for murder only upon a clear burden of proof, where a jury so recommends to a judge, and where reasons are provided in writing for the decision.

4. Make appellate review of parole ineligibility decisions and judicial review of parole decisions available automatically in the case of alleged Charter violations.

5. Initiate or fund quantitative and qualitative research into the current operation of self-defence and provocation in the context of intimate homicide and femicide, as well as other hate-inspired killings.

6. Initiate or fund research into the use of the defence of property at the level of charging and prosecutorial and trial decisions, including an equality-based analysis of its relevance and significance in Aboriginal land disputes where possession is asserted.

7. Convene and fund a national consultation on provocation and self-defence with women’s groups who work on violence issues, and ensure an ongoing process of consultation with women’s groups that work on violence against women.

8. Convene and fund a national consultation on the defence of property with women’s and Aboriginal groups who have expertise in criminal defence work on behalf of Aboriginal protesters.

9. Demonstrate federal leadership and co-ordination regarding provincial and territorial prosecutorial consultation and guidelines for the prosecution of intimate homicide and femicide and other hate-inspired killings.

10. Identify the promotion of equality and justice and the reduction of inequality as experienced on the basis of sex, race, disability, and/or sexual orientation as the impetus for reforming all criminal law, including the defences of self-defence and provocation. In particular, the criminal law must ensure that everyone has the same duty of self-control, and must strive to accord to all, on an equal basis, the rights to self-worth and to self-preservation.