Brian Ilesic’s parents, one of three people shot dead by his G4S guard co-worker at Edmonton’s HUB Mall in 2012, are upset by a recent Supreme Court ruling that could reduce the time that his killer son remains behind bars.
“This is not an easy topic for debate,” Mike Ilesic said Tuesday morning.
“Both Mike and I feel deflated by what the Supreme Court did,” Diana Ilesic said. “We have lost confidence in our current government that has not responded to the Supreme Court’s decision.”
Read more: 3 dead, 1 in critical condition after shooting at University of Alberta near Hub Mall
Travis Baumgartner was convicted of killing three of his co-workers and injuring a fourth during a robbery on June 15, 2012 at the University of Alberta’s HUB mall.
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Baumgartner pleaded guilty to first-degree murder on the death of Eddie Rejano, two second-degree murder charges on the deaths of Brian Ilesic and Michelle Shegelski, and guilty of one count of attempted murder on the death of Eddie Rejano. shooting by Matthew Schuman.
In 2013, he became the first Canadian to be sentenced to life in prison without the possibility of parole for 40 years. He was 23 at the time.
Read more: Baumgartner sentenced to life imprisonment, without parole for 40 years
“This is the harshest sentence in Canada since the last execution in 1962,” Crown Chief Prosecutor Steven Bilodeau said after the sentence was presented.
2:34 Travis Baumgartner was sentenced to 40 years for killing 3 co-workers during the 2012 HUB mall shooting Travis Baumgartner was sentenced to 40 years for killing 3 co-workers during the 2012 HUB mall shooting – September 11, 2013
It was possible due to a provision in the 2011 Penal Code under the government of Stephen Harper that allowed a judge, in the case of multiple murders, to impose a life sentence and 25-year probation periods to serve. consecutive for each murder, rather than simultaneously. .
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However, on 27 May, the Supreme Court unanimously overturned this provision on consecutive convictions in the case of multiple murders. It was declared unconstitutional.
2:03 Assassination sentence of Supreme Court of Canada could affect criminal cases in Alberta Assassination sentence of Supreme Court of Canada could affect criminal cases in Alberta – May 27, 2022
“The Supreme Court said it was not a legitimate option, given what the statute said and … the court determined it was a cruel and unusual punishment and should be set aside,” Kent said. Roach, Professor of Law at the University of Toronto. .
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“The court also opened the door for anyone who has been convicted under this provision without a discount for multiple murder to basically reduce their sentence to the ordinary mandatory minimum, which is life imprisonment, disqualification for parole. for 25 years “.
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Ilesics are worried they may be on a parole hearing in front of their son’s killer in just 15 years.
“This particular change has aggravated me, of course,” Mike said.
“The possibility of going to a parole hearing in 15 years is not something I expected.
“We would basically be reliving the tragedy that took place then,” Mike added. “I’d rather he was detained for 40 years without a date of eligibility for parole. Who knows? I probably shouldn’t be there at my age.”
Diana said she was surprised to learn of the court’s decision.
“The Supreme Court also ruled that life sentences without a reasonable probability of parole have a devastating effect on offenders. Really? What about the effects on victims and survivors?”
“We wanted the public to know about this change,” Diana said. “When we talked to several people, they weren’t aware of this change.”
The deputy of St. Albert Michael Cooper calls on the Liberal government to act now by invoking a non-prejudice clause or creating a new law.
“When we’re talking about several killers being able to apply for parole in as little as 25 years, that’s just unacceptable.”
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Cooper said the court “was wrong” and that it is now the federal minister’s court to act.
“This Supreme Court decision benefits a group of Canadians and just one group, and this is the rogue’s gallery of the worst of the worst mass murderers.”
2:19 Edmonton HUB Mall, the family of the victim of the shooting upset by the decision of the Supreme Court Edmonton HUB Mall, the family of the victim of the shooting upset by the decision of the Supreme Court
A spokesman for the federal Minister of Justice and Attorney General of Canada made a statement to Global News.
“We want to acknowledge the pain and anger that the Supreme Court decision may have rekindled among all the victims, survivors, their families and friends of the terrible attacks across the country,” Chantalle Aubertin said.
“Although legal, the use of the notorious clause is extremely serious, as it has the effect of suspending the legal protections guaranteed by the Charters of Rights and Freedoms.
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“We believe that any government that uses a remedy of this magnitude should set out the exceptional considerations that justify, in its view, the suspension of the legal protections of the Charter,” he continued.
“Those who commit serious offenses will continue to receive serious sentences. As Attorney General, Minister (David) Lametti defended and supported the sentencing judge’s discretion to impose a longer period of disqualification on parole when necessary. As you know, these arguments were not accepted by the Court in its 9-0 decision.
“Murder is one of the most serious crimes in the Penal Code, and attracts the most serious sentence – a mandatory life sentence – the decision of the Supreme Court does not change this fact.
“Furthermore, eligibility for parole does not guarantee that a person will receive parole. It is up to the Board of Probation of Canada to determine whether Mr. Travis Baumgartner, like any other convicted murderer, is eligible for parole. parole after 25 years.
“We respect the independence of the court. We will respect their unanimous decision and we are carefully evaluating the way forward to make sure the system does a better job of preventing crime and making criminals responsible. “
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