A Nanaimo murder trial has led to a constitutional challenge against changes to Canada's criminal code implemented in 2011. The changes increased the minimum parole eligibility period for first-degree murder convictions from 15 to 25 years. The defense lawyer argued that this violates the Canadian Charter of Rights and Freedoms, claiming it denies individuals the chance for parole based on the specific circumstances of their case.
A Nanaimo murder trial has prompted a constitutional challenge to Canada criminal code changes brought into effect in 2011.
The lawyer for Luciano Mariani, 43, argued the law prohibiting parole before 25 years goes against Canada’s Charter of Rights and Freedoms.The pair had been dating, then Bernard had kicked him out of her home in March. At 4 a.m. on Aug. 31, Mariani entered Bernard’s bedroom and hit her with the baseball bat multiple times.The lawyers for Mariani made a constitutional challenge on the changes to the criminal code after 2011 in Nanaimo court on Monday, arguing it violated various sections of the Charter or Rights and Freedoms. While one argument was granted to proceed as a challenge, two others did not.
CONSTITUTIONAL CHALLENGE CRIMINAL CODE PAROLE FIRST-DEGREE MURDER CHARTER OF RIGHTS AND FREEDOMS
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