Alexandre Bissonnette, who pleaded guilty to a mass shooting at a Quebec City mosque, arrives at the courthouse in Quebec City on February 21, 2017. THE CANADIAN PRESS/Mathieu Belanger - POOL

Alexandre Bissonnette, who pleaded guilty to a mass shooting at a Quebec City mosque, arrives at the courthouse in Quebec City on February 21, 2017. THE CANADIAN PRESS/Mathieu Belanger - POOL

Court strikes down consecutive life sentences; mosque shooter has prison term cut

The decision was appealed by both the defence and the Crown

The man who murdered six people in a Quebec City mosque in 2017 will be eligible to apply for parole in 25 years rather than 40, the province’s highest court ruled Thursday as it declared the section of the Criminal Code allowing consecutive life sentences unconstitutional.

Alexandre Bissonnette, 30, was sentenced in February 2019 to life in prison with no possibility of parole for 40 years.

That parole eligibility period has been reduced to 25 years in Thursday’s Quebec Court of Appeal decision, which took issue with a 2011 amendment to the Criminal Code that allowed life sentences to be served one after another rather than concurrently, as was previously the case.

The three-judge panel wrote that while a decision to set parole eligibility at 100 or more years “may give some people a sense of satisfaction,” it is “grossly disproportionate” because it exceeds the person’s expected lifespan.

“It contemplates a possibility that will never be able to come to fruition,” the decision read. “This is why the provision is absurd and constitutes an attack on human dignity.”

Bissonnette pleaded guilty in March 2018 to six counts of first-degree murder and six of attempted murder. His murder victims were Mamadou Tanou Barry, 42; Abdelkrim Hassane, 41; Khaled Belkacemi, 60; Aboubaker Thabti, 44; Azzeddine Soufiane, 57; and Ibrahima Barry, 39. In addition to the men killed, five others were struck by bullets.

Witnesses to the crime described the former student, then 27, entering the Islamic Cultural Centre and calmly opening fire on the crowd gathered for evening prayers.

Quebec Superior Court Justice Francois Huot concluded last year that the consecutive sentencing provision, which would have allowed him to sentence Bissonnette to 150 years in prison, amounted to cruel and unusual punishment.

But he also decided that 25 years was too little for Bissonnette, who he said was driven by “racism and hatred” when he stormed the mosque.

In the end, he sentenced Bissonnette to concurrent life sentences for five murders, and on the sixth added 15 years to bring the total to 40.

The decision was appealed by both the defence and the Crown, who argued for parole eligibility of 25 years and 50 years, respectively.

On Thursday, the Appeal Court agreed with Huot that the consecutive sentencing provision violates the Charter of Rights and Freedoms, but they decided that the judge had erred in rewriting the law to allow for a 40-year period.

They said that with the provision of the Criminal Code invalidated, the sentence must be imposed according to the law as it stood before 2011, meaning Bissonnette can apply for parole after 25 years in prison.

Aymen Derbali, who was shot seven times and left paralyzed from the waist down in the attack, described the reduced sentence as “unjust.”

In a brief phone interview, he noted that several recent Canadian mass murderers have received consecutive sentences, including Justin Bourque, who cannot apply for parole for 75 years after killing three RCMP officers and wounding two others in a 2014 shooting in Moncton, N.B.

“Why will (Bissonnette), who killed six in a such a massacre, have 25 years?” Derbali said in a phone interview.

Yusuf Faqiri, a representative of the National Council of Canadian Muslims, described the decision as a “travesty of justice.”

“Our hearts are breaking,” he said in a phone interview, adding that the decision was particularly hard for the families of the victims.

“One of the questions many Quebec Muslims are asking today is whether the blood of Quebec Muslims is worth less.”

In the ruling, the panel said the reduced sentence was not a judgment on the horror of Bissonnette’s actions on Jan. 29, 2017 but rather on the constitutionality of the law.

“In Canada, even the worst criminal having committed the most heinous of crimes benefits at all times from the rights guaranteed under the charter,” the decision reads.

The judges also noted that setting Bissonnette’s parole eligibility at 25 years does not mean he will automatically be allowed to walk free at that time, or ever, since his sentence is for life.

Debra Parkes, a law professor at the University of British Columbia, said she believes the Quebec court is the first one to declare the law unconstitutional. Other Canadian courts that have considered the issue have declined to invalidate the law because judges are not mandated to apply it, she said.

Quebec, instead, looked at whether consecutive sentences are “cruel and unusual” by their very nature, in part because they discount the possibility of rehabilitation, she said.

“I think this decision brings a more robust interpretation of Section 12 of the charter, which is the prohibition of cruel and unusual treatment or punishment,” she said in a phone interview.

While she said Thursday’s decision only applies in Quebec, she has little doubt the Supreme Court of Canada will eventually weigh in on the issue.

Quebec’s prosecution service said in a statement Thursday that it is studying the ruling and had no immediate comment about a possible appeal.

Bissonnette’s lawyer, Charles-Olivier Gosselin, hailed what he said was “a major decision for the respect of human rights in Quebec and in Canada,” adding that the ruling reflects society’s “progressive values.”

The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Heather Smart poses with her certificate as the first women in a decade to earn this credential in the Kootenays. (Photo submitted)
Local shift boss blazing the way for women

Heather Smart is the first women in the Kootenays in ten years to receive this certification

Dr. Bonnie Henry, provincial health officer, updates British Columbians about COVID-19 at a press conference earlier this week. (B.C. Government image)
B.C.’s 1st case of COVID-19 confirmed a year ago today

Here’s a look at some of the key dates in the province’s fight against the novel coronavirus

Toronto’s Mass Vaccination Clinic is shown on Sunday January 17, 2021. THE CANADIAN PRESS/Frank Gunn
Interior Health reports 2 more deaths, 83 new COVID-19 cases

Health authority also identifies new virus cluster in Fernie

A pair of Okanagan Regional Library reference librarians have created a podcast called Hard Cover that takes a zany but informative look at books, libraries and librarians. (File photo)
Okanagan reference librarians produce quirky podcast

Davin Helkenberg and Peter Critchley are behind Hard Cover

South Columbia Search and Rescue called in the Nelson Search and Rescue and Kootenay Valley Helicopters to provide a long line rescue. Photo: BCSAR submitted.
Long-line rescue needed for injured hiker near Trail

Members of South Columbia and Nelson SAR and Kootenay Valley Helicopters did a long-line evacuation

British Columbia Health Minister Adrian Dix looks on as Provincial Health Officer Dr. Bonnie Henry addresses the media during a news conference at the BC Centre of Disease Control in Vancouver B.C. (THE CANADIAN PRESS/Jonathan Hayward)
B.C. announces 485 new COVID-19 cases, fewest deaths in months

‘The actions we take may seem small, but will have a big impact to stop the virus,” urges Dr. Henry

A lone passenger stands outside the International Arrivals area at Pearson Airport in Toronto on Tuesday, Jan. 26, 2021. As the federal government prepares to slap new restrictions on foreign arrivals, Health Canada data suggest a growing number of infections directly connected to international travel. THE CANADIAN PRESS/Frank Gunn
Holiday season vacations coincide with rise in COVID-19 travel-related cases

Between Nov. 30 and Dec. 27, 86,953 people flew into Canada from the United States

Gov.Gen Julie Payette walks in the chamber after greeting Senators before delivering the Speech from the Throne, at the Senate of Canada Building in Ottawa, on Wednesday, Sept. 23, 2020. THE CANADIAN PRESS/Justin Tang
Report details yelling, screaming and aggressive conduct at Rideau Hall under Payette

Report says employees did not feel they had a place to go with their complaints

Rodney and Ekaterina Baker have been ticketed and charged under the Yukon’s Civil Emergency Measures Act for breaking isolation requirements in order to sneak into a vaccine clinic and receive Moderna vaccine doses in Beaver Creek. (Facebook/Submitted)
B.C. couple accused of flying to Yukon to get COVID-19 vaccine to appear in court

If convicted, the pair could serve up to six months in jail

Sooke’s Amy McLaughlin holds Theodore, a bunny who will be going to a new owner in Nanaimo within the coming days if all goes will at an upcoming bunny play-date. (Aaron Guillen/News Staff)
Vancouver Island woman looking to hop into bigger space for bunny rescue operation

Amy McLaughlin has rescued more than 400 bunnies, pushing for the capacity to help more

Grad student Marisa Harrington and her supervisor Lynneth Stuart-Hill say preliminary results from a study into the affects of stress on hospital nurses show an impact on sleep and heart variability. (Courtesy of Marisa Harrington)
University of Victoria study shows stress impact on B.C. nurses

Stress may be impacting sleep, heart health of hospital nurses in Victoria region

Keith Thorpe/Peninsula Daily News
Search called off for small plane that went down in rough water south of Victoria

Plane bound for Port Angeles from Alaska believed to have one occupant, an Alaskan pilot

Summerland’s second hospital was built in 1914. The land, known as Hospital Hill, was donated by the Summerland Development. At the time, the cost of the hospital was $5,996. (Photo courtesy of the Summerland Museum.)
Summerland hospital served community during previous pandemic

Hospital, constructed n 1914, was in use during the 1918 Spanish flu

Crown prosecutors have stayed attempted murder charges against Kelowna’s Jesse Pez. (Phil McLachlan - Capital News)
Man accused in Kelowna Halloween stabbing has attempted murder charge stayed

The Crown only proceeds with charges when evidence provides ‘a substantial likelihood of conviction’

Most Read