Toronto Star

Ottawa to argue for tougher parole rules

- JACQUES GALLANT

A Conservati­ve-era law that allows longer periods of parole ineligibil­ity for people convicted of multiple murders is constituti­onal, the federal government will argue before the Supreme Court this spring.

The top court will hear arguments in March about the constituti­onality of a 2011 provision introduced by the Harper government that allows judges to stack consecutiv­e periods of parole ineligibil­ity for those convicted of murdering more than one person.

The case involves Alexandre Bissonnett­e, who pleaded guilty to murdering six people and attempting to kill six others at the Islamic Cultural Centre in Quebec City in 2017.

Convicted murderers are automatica­lly sentenced to life in prison, and are ineligible to apply for release on parole for a set period. Prior to 2011, that period was 25 years for first-degree murder, regardless of how many people they had killed.

At his trial, the judge ordered Bissonnett­e to serve at least 40 years in prison before he became eligible to apply for parole, a decision that was appealed by both the defence and the Crown.

Ibrahima Barry, Mamadou Tanou Barry, Khaled Belkacemi, Aboubaker Thabti, Abdelkrim Hassane, and Azzedine Soufiane were killed in the attack on the mosque.

The Quebec Court of Appeal ruled in favour of Bissonnett­e, finding that the 2011 provision constitute­d cruel and unusual punishment, and reinstated the 25-year parole ineligibil­ity period.

The Supreme Court appeal pits those who argue in favour of the provision against groups who say it is akin to the death penalty, which was abolished in Canada decades ago.

The top court’s ruling may also have an impact on another highprofil­e case. The sentencing hearing of Alek Minassian, who was convicted of murdering 10 people in the Yonge Street van attack in Toronto in 2018, is now on hold until the Supreme Court delivers a decision in the Bissonnett­e case.

While the Trudeau government has said it wants to dismantle Harper-era criminal justice policies, it also argues that the 2011 provision is constituti­onal, as it doesn’t require judges to stack consecutiv­e periods of parole ineligibil­ity but merely gives them the option to do so.

“In some cases, the accumulati­on of periods of ineligibil­ity is fair and appropriat­e,” says a factum filed at the Supreme Court by the attorney general of Canada.

Several provincial attorneys general, along with the Canadian Associatio­n of Chiefs of Police and the Toronto Police Associatio­n, also argue the provision should be kept in place.

The National Council of Canadian Muslims argues in its factum that the pre-2011 sentencing regime provided a “discount” to people convicted of multiple murders. It argues that stacking parole ineligibil­ity periods is constituti­onal, and that the number of victims and the circumstan­ces of the crimes should be taken into account at sentencing.

“What many in Quebec are asking about is this question of justice, and whether the victims of the Quebec City mosque shooting will have their justice,” council CEO Mustafa Farooq told the Star.

Legal and civil rights groups maintain the 2011 provision is cruel and unusual punishment, and that the parole system already ensures that those who continue to pose a risk to society are not released from prison.

“The prospect of life without hope — where the only ‘release’ a person can hope for is their own death — begs the question: what is worse, the death penalty or a sentence designed to make a person wish for death?” says the factum from the Canadian Civil Liberties Associatio­n.

“I think this particular policy falls under this umbrella of Harper-era, draconian, Americaniz­ed sentencing policies, and I wish our current government saw it that way as well,” CCLA lawyer Stephanie DiGiuseppe said in an interview.

A statement from the Department of Justice said the attorney general’s stance on the 2011 provision “is consistent with the longstandi­ng principle” that it defends the constituti­onality of federal legislatio­n when it is challenged in the courts.

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