A New Brunswick man who fatally shot three Mounties in Moncton in 2014 will now be able to apply for parole far earlier than imposed.
He was automatically sentenced to life in prison — a minimum 25-year term. As well, the judge decided that under a 2011 law, the 25-year parole ineligibility period required for each first-degree murder conviction would be applied consecutively, meaning Bourque would have to wait 75 years before he could apply for parole..At the time he was sentenced, it was the harshest penalty imposed by a Canadian court since 1962 — the last time state-sanctioned executions were carried out.
At his sentencing hearing, the court watched a videotaped statement from Bourque, who said he wanted to encourage people to rise up against the “soldiers” that defend federal institutions and protect the rich from the poor. He mused about his strict Roman Catholic upbringing, climate change, evolution, social engineering, class warfare, tyrants and threats posed by the Russians and the Chinese.
The court said the Charter requires Parliament to leave a door open for rehabilitation. Chief Justice Richard Wagner, writing on behalf of the high court, said the 2011 law authorized the courts to impose “a sentence so absurd that it would bring the administration of justice into disrepute.” A judge found the parole ineligibility provision unconstitutional but did not declare it invalid. Quebec’s Court of Appeal subsequently ruled the provision invalid on constitutional grounds. And it said the court must revert to the law as it stood before 2011, meaning parole ineligibility periods are to be served concurrently instead of consecutively, resulting in a total waiting period of 25 years in Bissonnette’s case.
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