The Supreme Court of Canada has struck down life without parole sentences unanimously for mass murderers.
In a decision written by Chief Justice Richard Wagner, it was determined sentences without the option of parole are “intrinsically incompatible with human dignity.”
The decision made by the Supreme Court will be retroactive to 2011, meaning the 19 cases that have enforced such sentences will now have the option for parole applications.
One case that utilized life without parole sentencing was that of Alexandre Bissonnette, who killed six Muslims at a Quebec City mosque in 2017. He will now be eligible to apply for parole after serving 25 years of his sentence.
Other cases that have used non-parole sentences include; Justin Bourque of New Brunswick, who killed three Mounties in 2014 and received a life sentence with parole ineligibility till age 99; Derek Saretzky of Alberta, who in 2015 killed a two-year-old and two adults which led also to a life sentence with parole ineligibility till age 99; and Douglas Garland, of Alberta, who killed three people when he was 57 and was sentenced to life with no parole hearing until the age of 132.
A life sentence without a realistic possibility of parole presupposes the offender is beyond redemption and cannot be rehabilitated. This is degrading in nature and incompatible with human dignity. It amounts to cruel and unusual punishment. “By depriving offenders in advance of any possibility of reintegration into society, section 745.51 shakes the very foundations of Canadian criminal law”, the Chief Justice said.
In light of this conclusion, the Chief Justice declared section 745.51 invalid from the time it was enacted in 2011. As a result, the law that existed before that date continues to apply. This means the offender must serve a life sentence without eligibility for parole for a total of 25 years.
- Exerpt from Case in Brief for R. v. Bissonnette (Cheif Justice Wagner)
It was enabled by the then Harper government which passed legislation that authorized judges to stack the 25-year sentences together, one for each murder.
The full decision establishes that sentencing parameters will now return to the precedent that existed prior to 2011. First-degree murder now brings a mandatory life sentence with first eligibility for parole after 25 years, regardless of how many people are murdered. Second-degree murder, no matter how many victims are involved, also carries a mandatory life penalty, with first parole eligibility after 10 to 25 years (determined by a judge).
