Two men charged with the premeditated murder of a gang member must serve at least 25 years in prison to be eligible for parole.
Emanuel Hunte Roberts and Andrew Thomas Labreche, who were convicted of the murder of Franz Louis in Montreal in November 2020, challenged the constitutionality of this 25-year qualifying period in the Supreme Court, arguing that it violated the Charter of Rights and Freedoms Against Cruel and Extraordinary Acts.
Their lawyers argued that the mandatory sentence for first-degree murder (life without the possibility of parole before 25 years) is disproportionate to its length and incompatible with human dignity.
Thanks photo
Andrew Thomas Labreche.
The photo was filed as evidence in court
Emmanuel Hunte Roberts.
They argued that their clients would be detained for long periods even after being rehabilitated, and that such a long sentence would result in “unacceptable agony”.
A lawyer for Labrèche, who was the driver when Hunte-Roberts opened fire, argued that his client was an accomplice and that the minimum sentence of 25 years did not take into account his lesser involvement.
High Court judge Alexandre Boucher did not examine the constitutionality of the law, agreeing in his ruling with previous decisions that legally mandated a minimum of 25 years for premeditated murder.
He concluded that the sentence was appropriate and proportionate in this case.
“First degree murder is the worst crime of all. (…..) Here, the circumstances of the crime are particularly serious. According to the evidence, the accused committed a commission of murder in connection with organized crime. The attack was well organized, violent and coldly executed. That he was an accomplice in the circumstances of the present case Mr. did not constitute a significant mitigating circumstance for LaPreche. Additionally, murder with a gun in a public place is even more dangerous. “The citizens of Montreal deserve to live in a safe and peaceful environment,” writes Justice Boucher.
Conscience, the worst prison
During the trial, the victim, Franz Louis, was described by Detective Sergeant Francis Derome of the SPVM as “known to the police for many years and part of the daily news of organized crime” in Montreal.
Photo by SPVM
The victim, Franz Louis
Lewis' family members wrote detailed letters expressing particularly strong feelings in preparation for the sentencing.
“Emmanuel and Andrew (condemned), we call you by your first name, for you, in our opinion, are too young to be called “Sir”, and much less murderers. This trial brought us the death of Franz every day, and even more that you stole his life.” It made me feel. However, the truth is that we look at your photos with pain. The pain for your loved ones, the pain of your mother Andrew and the pain of being 25 years too young to have blood on your hands. The biggest prison of conscience. You have to live with a conscience. To clear your conscience, you think he is a criminal. You would say, but unfortunately your conscience reminds you that you do not have the right to inflict death or death on someone,” the family members specifically wrote in a letter to the court.
Contact Daniel Renaud at 514 285-7000, ext. Dial 4918 Write to [email protected] or mail Pres.
