Prior to 2011, a murderer could apply for judicial review after serving 15 years in prison if he felt he had been rehabilitated. He is a High Court judge, then an arbitrator and finally after a lengthy process of obtaining the approval of the Parole Board of Canada, he may in some cases be released prematurely. He was charged with first-degree murder for 25 years.
However, this provision of the Criminal Code was amended by the Conservatives 10 years ago and then applies only to murderers who committed their crime before December 2, 2011.
Cardinal Benoit, who beat and killed the mother of his six children on January 16, 2020, will not be able to benefit from it and will have to spend 25 years in prison before qualifying for parole. He will be 68 years old.
Completely unequal effects
Amendment by paragraph 745.6 (1) (a1) of the Criminal Code,
Is widespread and has completely unequal effects, Benoit filed in Joliet Court on Wednesday in his petition for cardinal disability, constitutional inconsistency or invalidity.
Grab a killer
Blurred optimism Violates the Canadian Charter of Rights and Freedoms, according to its lawyers, by infringing on the rights to life, liberty and security, causing cruel and extraordinary punishment.
Philip Comtois writes that there is no rational connection with public safety to abolish the blurred rule of faith. Just because an offender can apply for parole after 15 years does not mean he will get it. Only those with the lowest risk of recurrence will succeed, and they will again
Under the yoke Until the lifetime of the Parole Board of Canada.
Remember that the imposition of a sentence should not cause a desire for revenge, but rather an exercise aimed at finding a reasonable and appropriate sentence., Underlines the security of the Benoit Cardinal.
The Bar and Lawyers Association in Quebec Prison Law hopes the debate could go as far as the Supreme Court. Its vice president welcomes the fact that the courts have seized this claim
In this way we get out of the political aspect, M Sylvie confirms the portal.
Blurred optimistic arrangement Repealed by the Conservative government of Stephen Harper, which sought to toughen punishments for more serious crimes.
There are people who understand, feel, and change, and it doesn’t take 25 years to do so. Those who do not stay in prison. Life sentence is life sentence, Says M Portelis, who believes the financial costs of keeping a person behind bars are high
10 years is too long.
The guilty verdict was appealed by Cardinal Benoit Presented on May 8th.
Another killer who failed
A similar petition by another killer was rejected this spring in Montreal.
Jeremy Fordier-Grenier, convicted of first-degree murder and corpse contempt for his father, challenged the constitution of Section 745a) of the Criminal Code, which imposes a life sentence without the possibility of parole. Before the age of 25.
Since the repeal, he said, as a result of constitutional violations
Blurred optimistic arrangement. Quebec’s Attorney General won the case against it.
Jeremy Fordier-Grenier’s defense did not directly attack the abolition of the review mechanism, but rather the general provision on the death penalty.
In a judgment delivered on April 26, High Court Judge Claude Champagne held that the killer’s protection was not proven to be in violation of the Charter of Canadian Rights and Liberation by violating Section 745a). Freedom and security. His decision has been appealed.