Two years, less a day: this is the length of the prison sentence imposed Monday on the former leader of the Parti Québécois (PQ), André Boisclair, for having perpetrated two sexual assaults on two young men.
A “significant” sentence, said shortly after the hearing the Crown prosecutor, Mr.e Jérôme Laflamme, “who sends the message that these are serious acts, which are punished at the height of their gravity. »
This sentence also saves him from having to serve his detention in a federal penitentiary, establishments reserved for people sentenced to two years or more of imprisonment.
Tanned and dressed in a blue-gray coat, André Boisclair left the room by the dock of the accused to take the path of detention. A man came to bring her a reusable grocery bag containing some personal effects for her stay in prison. The 56-year-old ex-politician had not said a word when he arrived at the Montreal courthouse.
This sentence was also the joint suggestion of Crown and defense counsel, Mr.e Michel Massicotte, presented to the Court on June 20.
After a period of reflection, Judge Pierre Labelle of the Court of Quebec decided to ratify it on Monday because, after having assessed all the criteria for determining the sentence, he ruled that the suggestion was “fair, proportionate and personalized” for the actions he described as “highly reprehensible”. For sexual assaults, prison is often — but not always — the appropriate sentence, he pointed out. The man, who was leader of the PQ from 2005 to 2007, will also have to respect a two-year probation and a ban on contact with the two victims.
André Boisclair had pleaded guilty to one count of sexual assault and one count of sexual assault committed with the help of another person. A conditional stay of proceedings was at the same time pronounced on the third count, that of sexual assault with a weapon.
two victims
The condemned acts were perpetrated on two young men in their twenties, on separate occasions in 2014 and 2015. Their identities are protected by a publication ban.
Despite the common suggestion, the magistrate nevertheless made his own analysis and “came to the same conclusion as us”, commented Me Laflamme leaving the courtroom. The defense attorney, Mr.e Massicotte, meanwhile, was content with a “no comment” while passing in front of the journalists.
The judge summarized the facts of the two crimes when rendering his decision on the sentence: he recalled that with regard to the first victim, she had gone to André Boisclair, where other people were then. Some consensual sexual activity is done, then, the ex-politician instructed two men to grab the victim and penetrate her. The young man did not want to and struggled. André Boisclair held his chest while another man tried to penetrate him, without success. As for the other victim, he had gone to the ex-politician’s house, where they chatted and drank beer, but, at a certain point, André Boisclair imposed sexual gestures on him which he did not want, including digital penetration. The victim told him to “stop” three times before he left him alone.
Judge Labelle retained as aggravating factors the fact that there are two victims who suffered significant trauma as a result of the assaults.
“A beginning of rehabilitation”
As for the mitigating factors, which weighed in the balance in favor of André Boisclair, the judge noted the absence of a criminal record, the fact that he undertook therapy for his consumption of narcotics as well as psychological follow-up , that he has “always been an asset to society” and his guilty pleas, which have saved victims from having to testify, while at the same time sparing judicial resources, which are “in critical condition”, noted the magistrate.
The admission of guilt is “a beginning of rehabilitation” on the part of the one who was delegate general of Quebec in New York from 2012 to 2013.
At the end of June, the two young men gave a testimony in court, to explain to the judge how the assaults marked them and how much they still affect them today.
Hailing their courage, the judge lamented that his words could not ease their suffering. “I wish them that these decrease and that they can meet caring people in the future. »
André Boisclair sent them letters of apology, which were not read in court.
Present in court on Monday and accompanied by friends, the two victims did not want to comment on the sentence imposed.