Fisherman convicted in Cape Breton ‘murder for lobster’ case granted day parole

A fisherman sentenced to 14 years in prison for his role in what became known as Cape Breton’s “murder-for-lobster” case has been granted day parole after serving three years behind bars.

The Parole Board of Canada decided in June that 71-year-old Joseph James Landry of Little Anse, N.S., should be released to a halfway house for six months.

Landry told the board he wanted to resume working as a fisherman upon his release.

In January 2015, he was sentenced for the manslaughter death of 43-year-old Phillip Boudreau, whose overturned boat was found shortly after he disappeared off the southern tip of Cape Breton on June 1, 2013.

READ MORE: Jail term upheld for ringleader of Nova Scotia ‘murder for lobster’ case

During Landry’s trial, the Crown said Boudreau’s death was the result of a sustained attack by a three-man lobster fishing crew, and that Landry believed Boudreau had been cutting his traps for years.

Court heard Landry used a rifle to fire four shots at Boudreau, one of which hit him in the leg.

Landry then attached his boat to Boudreau’s smaller vessel, but Boudreau managed to cut the rope.

At that point, Landry ordered one of his co-accused to ram Boudreau’s boat three times, which forced Boudreau into the water at the mouth of Petit-de-Grat harbour.

Landry then used a gaff to hook Boudreau and drag him out to sea.

“You had to gaff him three times and at one point your victim was observed not struggling and foam was coming out of his mouth,” the board said.

“It is noted on file that his body was never recovered and in a statement to police you said you did not wish for it to be recovered.”

Tweet This Click to share quote on Twitter: "It is noted on file that his body was never recovered and in a statement to police you said you did not wish for it to be recovered."

Landry was originally charged with second-degree murder, but a jury convicted him on the lesser charge in November 2014.

Accounting for time served while awaiting trial, Landry’s sentence was reduced to 11 years and six months.

The board noted that Landry had no prior criminal history, but it also said he showed a lack of remorse when he started his sentence.

“After having time to reflect, you now express significant remorse for your actions, you have verbalized empathy for the victim and his family,” the board’s decision says.

Tweet This Click to share quote on Twitter: "After having time to reflect, you now express significant remorse for your actions, you have verbalized empathy for the victim and his family," the board's decision says.

“You indicated that you can see now that what you did was horribly wrong and you wish you could turn back time as you would have handled things differently … The board concludes that there has been observable and measurable change and thus mitigating to your risk to reoffend.”

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The board also said Landry actively participated in his correctional plan, attended school and was considered a low risk to reoffend.

“Your behaviour has been described as positive overall,” the board said “You have strong support in the form of your wife and children in the community … It is believed that you would not present an undue risk to society should you be released.”

The case attracted national attention when a Crown prosecutor told a Port Hawkesbury courtroom the case amounted to “murder for lobster.”

There were accusations that Boudreau tampered with lobster traps, but that was never proven in court.