More than 10,000 Canadians received a medically-assisted death in 2021: report
Quebec Superior Court suspends Bill 96’s translation requirement until constitutionality determined
The Ontario government has given Maggie an ultimatum: the disabled teen can lose her funding or her independence
FBI took 11 sets of classified material from Trump’s Mar-a-Lago home while investigating possible Espionage Act violations (US)
Ontario class action settlement reclassifies volunteers as employees, setting new precedent
Availability of Judicial Review in SABS Disputes
Are masking policies still valid?
Justice Canada releases commission report on impact of lack of legal aid in family law disputes
Harmonized sales tax part of maximum amount of attendant care benefits owed by insurer: court
New rules coming next month to help Canadians with cancelled and delayed flights
Stephen King set to testify for govt in books merger trial (US)
New law program in Quebec to begin next fall, a first in 50 years
The Impact of the Lack of Legal Aid in Family Law Cases
SCC rules that when someone is required by their partner to wear a condom but do not, they could be guilty of sexual assault.
Big Plastic suing feds over single-use ban — again
Tim Hortons offers coffee and doughnut as proposed settlement in class action lawsuit
The SCC has refused to hear the appeal to declare the renewal of the state of health emergency by the Quebec government invalid
Federal privacy commissioner investigating controversial ArriveCAN app
Kraken, a U.S. Crypto Exchange, Is Suspected of Violating Sanctions (US)
Ontario court certifies class action on former patients’ anxiety from notice of risk of infection
The stakes couldn’t be higher as Canada’s top court decides whether to hear climate class action lawsuit
Professor Barnali Choudhury selected by EU as trade and sustainable development expert
The Supreme Court decision on the ‘Ghomeshi’ amendments will help sexual assault victims access justice
AFN Reaches $20 B Final Settlement Agreement to Compensate First Nations Children and Families

Liberals to ‘review’ Supreme Court decision on mass murders, but will respect ruling

Conservative critics called the decision to cap parole eligibility for mass murders 'extremely disappointing'.

 
PHOTO: Stock
 
 
OTTAWA – The Liberal government is promising to review a Supreme Court decision that could lower prison sentences for mass murders, but said they must also respect the high court’s ruling.

In a unanimous decision, the court ruled the 40-year sentence imposed upon Alexandre Bissonnette, the shooter who killed six people in a Quebec City Mosque, was unconstitutional because sentences longer than a person’s natural life amount to cruel and unusual punishment.

The original trial judge imposed that sentence after rejecting a crown request for a 150-year period of parole ineligibility, 25 years for each of the six victims. The trial judge’s 40-year-sentence was reduced by Quebec’s court of appeal to 25 years, before being appealed to the Supreme Court, which kept the 25-year parole eligibility in place.

First degree murder cases in Canada come with an automatic life sentence with no chance of parole for 25 years. On average offenders often serve longer than 25 years, but if a parole board agrees, they can be released after 25 years.

A law passed under the Harper government allowed for those 25-year terms to be applied consecutively in cases of multiple murders. The top court’s ruling strikes that down, putting any sentence over 25 years at jeopardy.

That includes cases like John Paul Ostamas, a Winnipeg man who pled guilty to killing three homeless men in 2015 and was sentenced to 75 years in prison without parole. Justin Bourque, who killed three RCMP officers in Moncton, New Brunswick, in 2014 was sentenced to 75 years without parole. Douglas Garland, convicted of killing a Calgary couple and their five-year-old grandson in 2014 also received a 75-year term.

Alek Minassian, who was convicted last year, in the Toronto van attack that killed 10 people is awaiting sentencing because the court wanted to wait for this Supreme Court ruling. But his sentence will now be capped at 25 years without parole.

Liberal Justice Minister David Lametti said his government fought for a judge’s ability to impose longer sentences in cases like this, but will respect the court’s ruling.

“Our position was clear, we supported a sentencing judge’s discretion to impose a longer period of parole ineligibility where appropriate,” he said. “However, we will respect the court’s decision and carefully review its implications and the path forward.”

The court declared that the current sentencing regime for multiple murders is unconstitutional, which doesn’t preclude the government from bringing in a different regime.

Conservative MPs were quick to denounce the decision. The opposition party’s justice critic Rob Moore and a senior Quebec MP Pierre Paul Hus put out a joint statement calling the decision “extremely disappointing.”

“This decision means that mass murders like Alexandre Bissonnette, a man who senselessly murdered six people in their place of worship, may be free to walk the streets. It means that Justin Bourque, a man who senselessly murdered three RCMP officers in Moncton, may be free to walk the streets,” they said. “This is unacceptable. Canada’s worst murderers must remain locked behind bars.

This is unacceptable. Canada’s worst murderers must remain locked behind bars

Moore and Paul-Hus said the Liberals should be looking at ways to address the issue.

“Conservatives are calling on the federal government to use whatever means it has available to them to ensure the perpetrators of mass shootings serve sentences that reflect the severity of their crimes.”

Conservative leadership candidates Patrick Brown and Pierre Poilievre said they would invoke the notwithstanding clause of the Charter of Rights and Freedoms to preserve the existing regime.

Former Conservative prime minister Stephen Harper who brought in the change, called for a new law.

“Today’s decision by the Supreme Court of Canada in the case of mass murderer Alexandre Bissonnette devalues the lives of his victims. This is a grave injustice that calls for action from Parliament,” he said on Twitter.

NDP MP Alexandre Boulerice, said the party respects the court’s decision, but believes the government can still find a legal avenue to address the issue.

“The NDP respects the independence of the Court, but as federal legislators we have a responsibility to take action to tackle hate head-on and to do everything in our power to avoid such a senseless tragedy from happening again,” he said.

“Thoughts and prayers are not enough, we must act.”

Twitter: 
Email: rtumilty@postmedia.com


 
GOOGLE ADVERTISEMENT

Want direct access to the latest LITN content?

Stay in the loop ➞ Subscribe to LITN instant notifications.
Receive the latest content delivered directly to your device.
Unsubscribe at anytime.

Latest News

Subscribe

Join the LITN Newsletter ➞ the latest news delivered to your inbox. Unsubscribe at any time.


GOOGLE ADVERTISEMENT

Instagram Feed