A Quebec court decision that calls stacking life in prison sentences unconstitutional raises the possibility that Justin Bourque's sentence for killing three RCMP officers in Moncton could change, his former lawyer says.
Bourque fatally shot constables David Ross, Fabrice Gevaudan and Douglas Larche and wounded constables Darlene Goguen and Eric Dubois on June 4, 2014. He was sentenced to three consecutive life sentences with no chance of parole for 75 years after pleading guilty.
The sentence used a 2011 law passed by the federal Conservative government allowing judges to impose life sentences for multiple murders consecutively instead of concurrently.
Bourque would be 99 years old when he is finally eligible for parole.
Quebec's Court of Appeal issued a unanimous decision Thursday on a case involving a man who killed six people in a Quebec City mosque.
The court reduced Alexandre Bissonnette's life sentence to 25 years without parole while also invalidating sections of the Criminal Code allowing consecutive sentences.
The Quebec decision noted the "absurdity" of handing out life sentences that only allow a prisoner to apply for parole after they are likely to have died, saying rehabilitation is a fundamental concept in Canadian criminal law.
David Lutz represented Justin Bourque and told CBC he was surprised by the decision that only affects cases in Quebec.
"I could not just go to the Court of Appeal of New Brunswick and say, reconsider this, because Quebec ruled in the manner it did," Lutz said of Bourque's sentence.
Lutz said he expects the Crown will want to appeal the Quebec decision to the Supreme Court of Canada.
A spokesperson for Quebec's prosecution service told CBC on Thursday it is studying the decision and would decide later whether to appeal.
The supreme court only hears a select few cases each year that have national significance.
"I would think that this is a situation of national importance. When you're looking at constitutionality, I would assume that the supreme court has to rule on it," Lutz said.
If it does, Lutz said it will likely be six months to a year before there's a decision.
If that court strikes down the Criminal Code sections, then it would apply nationally and open the door to Bourque challenging his sentence.
"If the Supreme Court of Canada upholds the Court of Appeal of Quebec, then he would have an opportunity for an earlier parole application," Lutz said.
"That does not mean that necessarily the parole board is going to look at it favourably."
Lutz said he would contact his former client to tell him about the ruling.
Radio-Canada reported in 2015 that Joëlle Roy, a lawyer in Quebec, was preparing to appeal Bourque's sentences. However, Roy was later appointed as a judge and no appeal was filed.
The sentence by then-Court of Queen's Bench Justice David Smith was considered the most severe in Canada since the abolition of the death penalty.
While Bourque pleaded guilty, avoiding the need to hold a trial, a two-day sentencing hearing included a detailed timeline of the killings.
"I found it the most difficult case I've done in my career," Smith said in an interview with CBC after he retired in 2019. "It was so emotional. Normally you don't get that much emotion in a case. … It was devastating listening to it."
At the time of the sentencing, Lutz told reporters that Bourque was "resigned" to the prison sentence since pleading guilty.