RIGHT-WING VIOLENCE SURPRISES EXPERTS.
‘It would add nothing in terms of the sentence’
Within 24 hours of Sunday’s shooting in a Quebec City mosque, 27- year- old Alexandre Bissonnette stood in a prisoner’s box as the 11 charges against him were read aloud.
By then, Prime Minister Justin Trudeau had already condemned the killing of six worshippers as a terrorism attack. Other political leaders, federal and provincial, also called it an act of terror.
And yet, Bissonnette was charged with six counts of first-degree murder and five counts of attempted murder — but not with any terrorism offences.
Why not? According to experts, there could be several reasons.
The Criminal Code of Canada defines violent acts as terrorism if they’re done, entirely or in part, for political, religious or ideological purposes and with the intention of intimidating the public or a specific segment of the public.
“It poses two extra burdens on the Crown in terms of proving what was in the mind of the accused at the time of the offence,” Alana Klein, a McGill University criminal law professor, noted on Tuesday.
“It’s much easier to demonstrate that an accused had the intent to kill, which is required for a murder charge, than it is to show the motivation behind his or her actions.”
As of Tuesday, it wasn’t known whether Bissonnette had left a trail detailing his motivations or if he gave statements to police that could make it easier for prosecutors to eventually prove his intent.
But as vigils took place across the country in support of Muslim communities on Monday night, Canadians were left wondering why the accused was not facing terrorism or terrorism- related charges, given the attack’s apparent religious ties.
“If he wasn’t charged with terrorism it’s because they don’t have the evidence to justify it at this point,” said Louis Morissette, a forensic psychologist, criminology expert and Université de Montréal professor.
“It doesn’t mean it won’t come,” he added. “Investigators will look into his computer or documents at home. They’ ll look at his social media accounts or any notes he’s written. Even the books he had in his room.”
Bissonnette also appears to have acted alone, which can disqualify him from most terrorism offences, said Kent Roach, a University of Toronto law professor and expert in anti-terrorism law.
Terrorism charges are mainly designed to be preventive and apply to groups, Roach said.
“A truly lone wolf attack cannot result in most terrorism offences which require participation or support of a group or commission of an offence for a group,” he wrote in an email response on Tuesday.
“It would be strange to say that a lone wolf was committing a terrorist offence for the benefit of a group confined to one person.”
It also shouldn’t be overl ooked t hat Bissonnette already faces six counts of first-degree murder, the most severe infraction in the Criminal Code, and one that would bring an automatic life sentence if he is found guilty.
Terrorism charges carry a lesser sentence than murder and would be served concurrently with a life sentence.
“I can understand why people want a terrorism charge added,” Roach said. “But in this case it would add nothing in terms of the sentence.”
Jean- Pascal Boucher, spokesperson for the Directeur des poursuites crimi nelles et pénales — the provincial prosecutor’s office — would not comment on the case on Tuesday.
Outside the courtroom on Monday, the Crown prosecutor in the case, Thomas Jacques, told reporters Bissonnette was charged according to the evidence available.
“But you’ ll understand that the events happened very recently,” Jacques said. “The investigation is ongoing.”