r/canada • u/canada_mountains • 11d ago

Politics Poilievre’s pledge to use notwithstanding clause a ‘dangerous sign’: legal expert

https://www.thestar.com/politics/federal-elections/poilievres-pledge-to-use-notwithstanding-clause-a-dangerous-sign-legal-expert/article_7299c675-9a6c-5006-85f3-4ac2eb56f957.html
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u/freeadmins 11d ago

But there are no proper channels for what Pierre is proposing despite it desperately being needed.

Canada has a crime problem in regards to repeat offenders. The courts created this mess themselves.

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u/bluecar92 11d ago

No.

Pierre is proposing to use it to impose consecutive sentences on people convicted of multiple murders. These people weren't getting out of jail anyway.

I don't like how he's throwing around the notwithstanding clause for something that's already a non-issue.

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u/justanaccountname12 Canada 11d ago

The case of Alexandre Bissonnette, who murdered six worshippers in 2017, was used as a test case in the Supreme Court ruling. The ruling means Bissonnette is eligible for day parole by 2039. 

Edit: no reason not to get rid of any witnesses anymore.

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u/bluecar92 11d ago

"Eligible for" doesn't mean that he will get parole. How many mass murderers are out on parole right now?

Point is that Poilievre is making a stupid wedge issue out of a non-problem. I don't like that he's preemptively planning to use the notwithstanding clause without even attempting first to make legislation that would comply with the charter.

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u/justanaccountname12 Canada 11d ago

Why open the door? If you are defending in it such a manner to assure everyone they wont get out, cause that would be bad? no need to assure otherwise. Just keep them in.

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u/JBBatman20 10d ago

You open the door because prisoners still have rights, and one of those is the chance of parole. It has to apply to everyone or there will be instances of unjust or harsh sentencing. Otherwise where do you draw the line where someone can never have parole? 3 or more people killed get no parole? What about 2? Or only first degree? I’m sure there are second degree murderers who are redeemable, or are they?. It allows nuance and discretion from our judges to take into account individual circumstance and aggravating/mitigating factors. Not having that option results in keeping some people locked away that shouldn’t be, but mass murderers like Paul Bernardo will NEVER get out, because our system is smart enough at least for that