Travis Baumgartner, an armored car guard who pleaded guilty to the fatal shooting of three of his colleagues in June 2012, was sentenced to life in prison with no chance of being released for 40 years. But thanks to a recent ruling by the Supreme Court, he could be eligible for parole in 15 years. Diane and Mike Ilesic, whose son Brian Ilesic was one of Baumgartner’s victims, criticized the decision at a press conference on Tuesday. “Both Mike and I feel deflated because of what the Supreme Court did,” said Diane Ilesic. She said she and her husband have lost confidence in the federal government because it has not taken action to address the decision.
The court finds the provision unconstitutional
Canadians convicted of first-degree murder are automatically sentenced to 25 years in prison without parole. The conservative federal government of Steven Harper introduced a sentencing order in 2011 that allowed judges to stack inappropriate release periods for multiple homicides. In a unanimous decision last month, the Supreme Court ruled that the provision was unconstitutional because it violated Article 12 of the Canadian Charter of Rights and Freedoms. Section 12 protects the right not to accept harsh and unusual punishment. “Such sentences are humiliating and therefore incompatible with human dignity, because they deny offenders any possibility of reintegration into society,” Justice Chief Richard Wagner wrote in the ruling. Baumgartner was the first person in Canada to be convicted under the new order. His lawyer, Peter Royal, has not yet responded to an interview request.
The federal government could act, says the MP
Ilesics are voting for Conservative MP Michael Cooper, who hosted Tuesday’s press conference at a hotel in northwest Edmonton. The St. Albert-Edmonton MP, who has known the couple since 2016, described the Supreme Court ruling as “unfair and outrageous.” Brian Ilesic was assassinated on the U of A campus on June 15, 2012. He said the federal government should invoke the Charter, which is rarely used, to overturn the ruling or create a new law that would allow judges to impose more than 25 years of ineligibility on people convicted of multiple murders. “This is not something that should be taken seriously, but in this case, the court really did it wrong,” Cooper said. The Alberta government also calls on the federal government to invoke the clause that does not apply.
The federal government respects the court’s decision
The federal government has said it will uphold the Supreme Court ruling while upholding judges’ discretion to impose longer periods of probation in certain cases. “We respect the independence of the Court. We will respect its unanimous decision and carefully evaluate the way forward to ensure that the system does a better job of preventing crime and holding criminals accountable,” said Chantalle Aubertin, a spokeswoman. of Justice Minister David Lametti. An email. “Murder is one of the most serious offenses of the Penal Code and carries its most serious punishment – mandatory life imprisonment – the decision of the Supreme Court does not change this fact. “Furthermore, eligibility for parole does not guarantee that a person will be released on parole. It is up to the Canadian Parole Board to determine whether Travis Baumgartner, like any other convicted murderer, is eligible for parole after 25 years. . “ Aubertin said that, although legal, “the use of the derogating clause is extremely serious, as it results in the suspension of legal protection guaranteed by the Charter of Rights and Freedoms”. Baumgartner’s is not the only case in Alberta that could be affected retroactively. The Alberta Court of Appeals ruled that the sentences of four convicted multiple murderers – Derek Sarecki, Edward Downey, Joshua Frank and Jason Klaus – would vary after the verdict. Last month, Robert Keith Major pleaded guilty to two counts of first-degree murder for the Hinton murders of 24-year-old Mchale Busch and her little one, Noah McConnell. The Major’s sentence was postponed for the autumn pending the decision of the Supreme Court. Verna Sand, a close family friend of Busch’s fiancé and Noah’s father, Cody McConnell, said she and other supporters could not believe the Supreme Court ruling. He said the decision was disappointing because it gave priority to the rights and freedoms of criminals. “We are more concerned in our courts about their rights and freedoms than about the families and people who were killed,” he said.
