Sebastien Simon was trying to use what’s known as the “faint hope clause” to secure an early release.
“We’re elated,” said Darlene Ryan, the stepmother of the late Brigitte Serre.
In 2006, when Sebastien Simon was 18, he robbed the Saint-Leonard gas station where Serre was working – he attacked the 17-year-old and stabbed her 72 times.
Simon pleaded guilty to first-degree murder and was sentenced to life in prison without the possibility of parole for 25 years.
He recently used the faint hope clause in an effort to become eligible for parole after 15 years, which as of 2021, is how long he’s been in prison.
READ MORE: Man who murdered Montreal teen using ‘faint hope clause’ to seek early release
The faint hope clause was repealed in the Stephen Harper-era in 2011 but still applies to anyone convicted beforehand.
“It is actually a three-stage process,” explains University of British Columbia law professor Debra Parkes. “The first stage is that the chief justice or their designated judge has to decide that there is a substantial likelihood that a jury would reduce the parole ineligibility.”
If a murderer can convince the judge, then a jury, then the Parole Board that they’ve sufficiently changed behind bars, they can potentially be granted early release.
“Most people who are convicted of murder, it’s their only offence,” said Parkes. She disagreed with the clause’s abolition, and thinks it’s a useful “check on the system.”
At a September hearing before Justice France Charbonneau, Simon argued he’s ready to live a “harmonious and enriching life” with his wife. His wife, who he married since being incarcerated, is a former correctional officer who quit her job when their relationship began.
In her ruling, Charbonneau did recognize that Simon had made positive changes in his life since being incarcerated. Still, she denied his request.
“The court estimates that the nature of the crime and the immense violence deployed during the fatal attack remain pertinent,” Charbonneau wrote, mentioning evidence that Simon stabbed Serre 72 times after she’d already been rendered unconscious from a severe beating.
She also cited psychological evaluations finding he had a high risk to re-offend if released.
Psychologists evaluated his risk of recidivism at 76 per cent in the five years after release, and 87 per cent over 12 years.
“Only the future will tell us if Sebastien Simon has sufficiently progressed to return into society,” Charbonneau wrote.
She also cited devastating victim impact statements from the victim’s family.
READ MORE: Family of murdered Montreal teen angered by COVID-19 parole board rules
Crown prosecutor Philippe Vallières-Roland, who argued against Simon’s early release, said usually such cases at least make it to the jury stage.
“He has made progress. That was uncontested, but despite that, she decided to block it at the first step. It’s a really good result,” Vallières-Roland told Global News in an interview. “To be blocked at this level, it’s big.”
He thinks the result is a win for victims’ rights. He pointed to how sometimes, victims don’t feel well-represented in the justice system, and how this case is an example of it being there for them.
“The investigator that was in charge of this, Denis Hogg, he’s still there 15 years later. He was with me accompanying the family,” Vallières-Roland said.
Darlene Ryan and Bruno Serre both expressed gratitude about how Hogg had shown up to support, and how Charbonneau carefully considered their victim impact statements.
“It felt so good that she actually listened to us,” said Ryan.
Simon can use the faint hope clause again five years from now. He can also continue to try to get supervised visits before the Parole Board.
Brigitte Serre’s family says they will be there every time to fight against his release.
“If it’s not us, it’ll be our kids,” said Ryan.