Me Larochelle has pursued a long and successful career as a criminal lawyer. Recognized as one of Quebec’s great litigators, he defended, among others, judge Jacques Delisle, Hells Angels leader Maurice “Mom” Boucher and radio host Robert Gillet.
As well as Corporal Lortie, author of the shooting which left three dead at the Parliament of Quebec on May 8, 1984. Exactly 40 years ago.
“I was in Montreal to plead a case for the CSN union, a grievance arbitration. I was in a taxi with my client, on the way to the hearing location. I heard the news. It was huge,” says Me Larochelle to Sun.
A soldier — “the federal par excellence,” notes Mr. Larochelle — enters the National Assembly of Quebec — “the provincial par excellence” — with the objective of defeating the sovereignist Prime Minister, René Lévesque.
“It was very symbolic. It was incredible news and it had a global impact,” he recalls.
To defend the lawyers
The lawyer came into the picture after the first trial.
Trial at the end of which Mr. Lortie was found guilty of three first degree murders, therefore premeditated. The accused was sentenced to 25 years in prison.
And his lawyers, François Fortier and André Royer, received “devastating comments on their skills, or rather on their lack of skills” from Judge Yvan Mignault, recalls Me Larochelle.
He had studied with Me Fortier. His two colleagues asked him to represent them to sue the judge. Which didn’t do anything.
But the convicted person also asked him to represent him on appeal. And that worked.
In addition to challenging the definition of insanity in the Canadian Criminal Code, a concept modeled on rules adopted by the British House of Lords in 1843.
“It was very clear that Lortie could not meet these criteria. But the conditions under which an accused could be declared not responsible for insanity, for mental illness, were far too restrictive,” explains Me Larochelle, 40 years later.
A first judge, Jacques Ducros, initially refused the guilty plea to second-degree murder.
Denis Lortie two days after the shooting where he killed three people and injured 13. (Fred Chartrand/Canadian Press Archives)
It took Judge Gaston Desjardins to ratify Mr. Lortie’s guilty plea to reduced charges of unpremeditated murder and this time sentence him to life in prison with the possibility of parole after 10 years.
His client will ultimately spend 11 years inside. Released on bail in 1995, then unconditionally in 2007.
No sociological analysis
To this day, Me Larochelle considers that we should not see in the events of May 8, 1984 more than what they really are, that is to say “the act of a person who had lost his mind “.
“The actions of a madman, of a person mentally ill to such an extent that he loses all self-control, all contact with reality, have no meaning! That’s what’s terrible,” he continues, avoiding looking for any sociological meaning.
“I don’t find it an important event in terms of the history of Quebec, except for the media commotion it caused. But we cannot draw conclusions from this. We cannot reflect on this event, except perhaps to improve security at the National Assembly. But that’s a detail.”
— Jacques Larochelle
“There’s nothing to be gained from this. He’s sick! A patient who had a fantasy could have had another,” says Me Larochelle.
Of moan and beauty
The lawyer in him continues to believe that the question about the too strict definition of insanity turns out to be “extremely important” and “extremely beautiful”.
The law has not changed.
“I may surprise you, but the question was, in the eyes of a jurist, extremely beautiful.”
— Jacques Larochelle, lawyer for Denis Lortie after his first trial
“I understand that there have been deaths and injuries and I respect that. But once all this has passed, with the resulting blood and tears, there remains a question of law for the justice system. It is abstract, it is at heights where we no longer hear the groans of the victims. It’s a purely abstract question, it was extremely beautiful,” concludes the law enthusiast.
