Choose Smith Litkowski to Guide your Faint Hope Journey with Experience and Compassion. 

What is a faint hope application?

A prisoner serving a life sentence for murder where the offence occurred before December 2, 2011 may be eligible to apply for a reduction of their parole eligibility date after serving at least 15 years of their sentence. We assist many clients in preparing and arguing faint hope applications in the Superior Court of Justice. We are meticulous in navigating this complex process to increase the chances of success.

How does the Faint Hope process work?

The faint hope process is broken up into two phases. The first phase – the “screening phase” – requires a written application demonstrating that their application has a “reasonable prospect of success.” The Crown Attorney’s office will have a chance to file a written response. A screening judge is assigned to review the application and decides whether the application has a reasonable prospect of success. Our skilled lawyers provide a robust written application to increase the prospect of success in this first phase. 

The second phase is a full hearing before a jury. Our job is to satisfy the jury that they should exercise clemency and reduce the parole eligibility date. Only a jury has the power to reduce the parole eligibility date and the jury must be unanimous. 

Upon a successful application, the date that the jury selects becomes the offender’s new parole eligibility date. The jury’s verdict does not mean an immediate release. It merely fixes a date that the offender can apply to the Parole Board of Canada for release. Our parole team can continue our support at this point too. 

Working towards obtaining your liberty at the earliest opportunity is our first priority.

Why Choose Us?

• Experience: Our lawyers have represented individuals on Faint Hope cases in the Superior Court of Justice and in the Ontario Court of Appeal. We have a deep understanding of the legal complexities and the know-how to navigate the process effectively. Our advocacy is second to none, having obtained success with juries on a number of occasions. 
• Dedication: Our representation comes with a team of support. We are passionate about defending our client’s liberty and pride ourselves on providing a robust and personalized strategy for each client. 
• Results-Oriented: Our successful track record speaks for itself. We have helped a number of clients with Faint Hope and other parole applications, and we will work tirelessly to do the same for you.