The candidate for the leadership of the Parti québécois, Frédéric Bastien, intends to rely on the exemption clause, if it is one day brought him to power, to exempt Quebec to the effects of the judgment in Jordan, which establishes the benchmark for the unreasonable time-limits from 2016.
Mr. Bastien is in this proposal and that the supreme Court issued a unanimous decision on Friday, endorsing the judgment of a criminal proceeding against Sivaloganathan Thanabalasingham. The refugee origin in sri lanka had been accused of second-degree murder of his wife in 2012, he would have strangled to death after pleading guilty to three charges relating to domestic violence.
In 2017, five years after the filing of the charges and as many years of detention, Mr. Thanabalasingham was released even before the trial. The judgment in Jordan was staring at the ceiling of 30 months on the criminal. The ex-defendant has since been deported to Sri Lanka.
The highest court in the country mentions that the case Thanabalasingham “perfectly illustrates” a “culture of possible systemic and endemic” that took ” epidemic proportions in many regions of Canada “.
In the short term
The candidate Bastien, professor of history at Dawson College, argues that the use of the clause is the solution, “short-term” to counter liberation ” of the alleged murderers, suspected fraudsters before their trial “, even if significant time delays are accumulated.
“It is never too late to do well. The CAQ had spoken of it, but it has not done so “, said Mr. Bastien, of which the proposal and joined the position of the leader of the parti québecois of the time, Jean-François Lisée.
Beyond the exempted period of five years, the core of the problem could not be settled through constitutional negotiations, lance-t-il.
Mr. Bastien said he “opened” for the purpose of these discussions, without stating precisely what he would like to reform. It is clear, however, that the Charter “is the problem number 1” to the source of the delays. “It has been imposed, it is illegitimate “, asserts there.
Question of jurisdiction
The possibility to use the notwithstanding clause has been the subject of a panel discussion following the judgment in Jordan, in particular, as to whether Quebec could legislate in matters of criminal proceedings, even if it is a jurisdiction expressly assigned to the federal in the canadian constitution.
The candidate of the parti québecois assures not to have “no problem” to the idea of defending its position before the courts, if it were to be debated. The competence in the field of administration of justice can be created, according to him, the intervention of Quebec.