In a unanimous decision, the Supreme Court of Canada strikes down the provision allowing the accumulation of sentences in blocks of 25 years, found to be contrary to the Charter of Rights and Freedoms, and therefore determines that the killer of the mosque of Quebec, Alexandre Bissonnette, can apply for parole following 25 years in prison.
• Read also: Supreme Court ruling on Friday: what sentence for the mosque killer?
The decision written by Chief Justice Richard Wagner therefore attacks provision 745.51 of the Criminal Code, put in place in 2011 by the Conservative government, by declaring it unconstitutional since its entry into force.
“By depriving offenders of any possibility of reintegrating into society in advance, the impugned provision undermines the very foundations of Canadian criminal law,” the judge wrote in the 97-page decision.
This means that not only Alexandre Bissonnette, who killed six people and injured five seriously on January 29, 2017 when he burst into the great mosque of Quebec, but also all murderers sentenced to 50 years or more under of section 754.51 will be entitled to “redress”.
“Every prisoner must be given a realistic possibility of applying for parole, at the very least before the expiration of the minimum probationary period of 50 years prescribed by the impugned provision”, is it written in the conclusions .
Justin Bourque, sentenced to a 75-year sentence for the murder of three RCMP officers in Moncton, will therefore be able to apply for a review and will automatically win his case because of this Supreme Court decision.
Murderers sentenced to imprisonment for 25 to 50 years due to the accumulation of sentences will be able to apply to the courts to have their period of ineligibility for parole reduced to 25 years. Judges will make these decisions on a case-by-case basis.
The victims
The ruling is likely to upset relatives of multiple murder victims, but Judge Wagner says it “should not be seen as a devaluation of the lives of each of the innocent victims.”
Regarding Bissonnette, the Supreme Court indicates that he “committed horrible crimes, which damaged our social fabric. Motivated by hatred, he took the lives of six people.
“However, the horror of the crimes does not negate the fundamental proposition that all human beings carry within them the capacity to rehabilitate themselves”, is it justified.
Section 12 of the Charter of Rights and Freedoms protects every citizen from “cruel or unusual” punishment.
Since a sentence of 50, 75 or 150 years, like the one to which Alexandre Bissonnette was exposed, contravenes this article, provision 745.51 “is degrading and incompatible with human dignity”.
Remember that all defendants found guilty of first degree murder are sentenced to life imprisonment. The debate therefore concerns the period during which a murderer cannot apply for parole before the commission of the same name.
reactions
In an initial reaction, Federal Liberal Minister and Quebec MP Jean-Yves Duclos said: “Our thoughts are with the families, relatives, friends of the six victims who tragically left us in 2017. It is a trauma and great pain that we have experienced since 2017 and this judgment will certainly reopen wounds.
That said, Mr. Duclos carefully avoided commenting on the fact that Alexandre Bissonnette might apply for parole following 25 years.
“On the legal issues, there are people more expert than you and me who will want to study the content of the Supreme Court report today. I think most people will think, like me, of the families and relatives of the victims, because that’s what’s most important right now. The pain has been sharp since 2017. Sometimes it subsides and sometimes, like today, it becomes even stronger,” he added.
For his part, the mayor of Quebec, reacted Friday at the end of the morning by way of declaration.
“The sentence has been rendered for this heinous crime. However, it is not my role to comment on the work of justice. Our collective role is to put everything in place to avoid other tragic events of this kind. Today, I especially still have a thought for the decimated families, those who still live with enormous consequences of this horrible evening of January, ”wrote Bruno Marchand.
According to him, “these are the people who deserve our full consideration today. Those for whom the reconstruction is far from over, those who still have to live with these atrocious images, those who will never see once more loved ones who have tragically lost their lives”.
– With the collaboration of Taïeb Moalla
Charles-Olivier Gosselin, legal aid lawyer who defended Alexandre Bissonnette:
What it represents for the accused: “It’s a second chance, a second life that Mr. Bissonnette can hope for to demonstrate to society that he can be an asset, that he can work on him, move on thing and look ahead”.
According to him the message sent by the Supreme Court is “That any person, even if he has committed a crime is not only his crime. Mr. Bissonnette is not only what he did on January 29, 2017, he will have the opportunity to work on himself and present his rehabilitation efforts before the Parole Board”.
The right of victims vs the right of the accused: “Compassion and apathy towards the victims of criminal acts are not incompatible with moderation in the infliction of penal sanctions, it is a false debate. We can totally disagree with very long detentions and agree with greater support for the victims.”
Reaction of the family and the accused: “It was a lot of emotion, a lot of relief. What I wish for them is to be able to look ahead. The victims are also the same thing, it has occupied a lot of media space, I think that both the Bissonnette family and the victims can hope for a little privacy.