The appellant Crown sought to uphold s. 745.51 of the Criminal Code, which authorized courts to impose consecutive 25-year parole ineligibility periods for each count of first degree murder.
The respondent, convicted of six counts of first degree murder in the Quebec City mosque attack of January 29, 2017, challenged the constitutionality of the provision.
The Supreme Court unanimously dismissed the appeal, holding that s. 745.51 violates s. 12 of the Charter because it effectively authorizes imprisonment for life without a realistic possibility of parole, which is degrading in nature and intrinsically incompatible with human dignity.
The provision was declared of no force or effect immediately and retroactively to its enactment in 2011, resulting in the respondent serving his six 25-year parole ineligibility periods concurrently for a total ineligibility period of 25 years.
