Mosque killing: Bissonnette may apply for parole after 25 years

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 after 25 years in prison.

• Read also: Bissonnette’s pain: the Muslim community disappointed and worried about orphans

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”.

Relief for the accused

The legal aid lawyer who has represented the now 32-year-old accused since the start of the proceedings said he was satisfied with the decision rendered. “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 himself, move on and look forward,” reacted M^e Charles-Olivier Gosselin.

Alexandre Bissonnette will be able to apply for parole in 2042, at the age of 52.

The defense lawyer was also able to speak to his client as well as his parents after the decision. “It was a lot of emotions, a relief. What I wish for them is to be able to look ahead. The victims are also the same thing, it occupied a lot of media space, I think that both the Bissonnette family and the victims can hope for a little privacy, ”he added.

For its part, the DPCP reacted only briefly to the decision “in deference to the Supreme Court”. M^e Daniel Bélanger, chief prosecutor of the DPCP in Quebec, however, indicated that “this case testifies to the capacity of the judicial system to carry out complex cases in the best public interest”.

The prosecutor ended with a thought for the victims. “This day marks for them [les victimes] the end of a long legal process, but we are aware that it does not mark the end of their process of mourning and healing”.

The victims

Despite a decision that displeases the relatives of victims, Judge Wagner indicates that this decision “should not be perceived as a devaluation of the life 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.

Implications

A total of 38 multiple murderers have been sentenced under section 745.5 since 2011. Sentences over 70 years have been imposed on six occasions.

This decision will also have repercussions on two important sentences to come in Canada starting with the Halloween attacker Carl Girouard who killed two people with sabers in Old Quebec in 2020. The latter was found guilty of two premeditated murders and sentencing submissions are due to begin on June 10.

On the other hand, the Ontario Superior Court was awaiting the Bissonnette decision before imposing the sentence on Alek Minassian who killed 10 people with a ram truck on the streets of Toronto in 2018. The decision of the most highest court in the country has somehow sealed the fate of this multiple murderer.

Repairs

The Bissonnette Decision also means that Justin Bourque, sentenced to 75 years 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 Court decision. supreme

Murderers who have obtained sentences in which the accumulation of sentences offers a period of imprisonment of between 25 and 50 years will be able to apply to the courts to request a reduction in the period of ineligibility for parole after 25 years. These decisions will be made on a case by case basis by the judges.

This is the case for ex-Hells Angels sympathizer Benjamin Hudon-Barbeau who received a 35-year sentence for premeditated murder with an additional 10 years for non-premeditated murder. This means that he could still serve a minimum of 35 years despite the Bissonnette decision.

Political 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 could apply for parole after 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 again loved ones who have tragically lost their lives”.

– With the collaboration of Taïeb Moalla