Fore the foregoing reasons and more, CAEFS recommendations to the
Department of Justice are as follows:
- Abolish the mandatory minimum sentence of life imprisonment for first and
second degree murder, and all other mandatory minimum sentences.
- Abandon the parole ineligibility rules for murder.
- Permit the 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.
- Make appellate review of parole ineligibility decisions and judicial
review of parole decisions available automatically in the case of alleged
Charter violations.
- 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.
- 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.
- Convene and fund a national consultation on provocation and self-defence
with womens groups who work on violence issues, and ensure an ongoing
process of consultation with womens groups that work on violence against
women.
|