Two individuals convicted of the premeditated murder of a gang member will have to serve at least 25 years before being eligible for parole.
Convicted of the murder of Frantz Louis, committed in November 2020 in Montreal, Emanuell Hunte Roberts and Andrew Thomas Labrèche challenged the constitutionality of this 25-year eligibility period in Superior Court, arguing that it violated the Charter of Rights and Freedoms, particularly the right against cruel and unusual acts.
Their lawyers argued that the mandatory sentence for first-degree murder (life without the possibility of parole before 25 years) is disproportionate in its length and incompatible with human dignity.
They argued that their clients would remain detained long after being rehabilitated, and that such a long sentence would result in “unacceptable torment.”
The lawyer for Labrèche, who was the driver while Hunte-Roberts was the shooter, argued that his client was the accomplice and that the minimum sentence of 25 years did not take into account his lesser involvement.
Judge Alexandre Boucher of the Superior Court did not examine the constitutionality, agreeing in his judgment with previous decisions which recognized the legality of the minimum period of 25 years for premeditated murder.
He concluded that in this case this sentence is appropriate and proportionate.
“First degree murder is the worst crime of all. (…..) Here, the circumstances of the crime are particularly serious. According to the evidence, the accused jointly committed a commissioned murder linked to organized crime. The attack was well organized, violent and coldly executed. The fact that he was an accomplice does not constitute a significant mitigating circumstance for Mr. Labrèche in the circumstances of the present case. Additionally, the murder was committed with a gun in a public place, making it even more dangerous. Montreal citizens deserve to live in a safe and peaceful environment,” writes Judge Boucher.
Conscience, the worst prison
During the trial, the victim, Frantz Louis, was described by detective sergeant Francis Derome of the SPVM as an individual “known to the police for several years and part of the daily news of organized crime” in Montreal.
Members of Louis’ family wrote extensive letters, expressing particularly strong feelings, in preparation for sentencing.
“Emmanuel and Andrew (the condemned), we address you by your first name, because you are, in our opinion, too young to be called “sir”, and even less murderers. This trial has made us relive Frantz’s death every day, and realize even more that you stole his life. However, the fact remains that we look at your photos with pain. The pain for your loved ones, the pain for your mom Andrew, and the pain that 25 years old is too young to have blood on your hands. The biggest prison is that of conscience. You will have to live with your conscience. To clear your conscience, you will say that he was a criminal, but unfortunately your conscience will remind you that no one has the right of life or death over someone,” the family members write in particular in the ‘one of the letters filed in court.
To contact Daniel Renaud, call 514 285-7000, ext. 4918, write to [email protected] or write to the postal address of The Press.