'It allows no hope for him': Saretzky sentence too long, says criminal defence lawyer

DerekSaretzky, the convicted triple-murderer found guilty of killing 69-year-old Hanne Meketech, Terry Blanchette and his daughter Hailey-Dunbar Blanchette, wassentenced to life in prison with no parole for at least 75 years on Wednesday.

He is one of only a handful ofCanadiansto receive three consecutive life sentences since the legislation was introduced, including triple-murderer Douglas Garland,convictedinCalgary earlier this year.

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Balfour Der, a Calgary-based criminal defence lawyer and former Crown prosecutor, spokewithCBC Calgary News at 6about the case and when the appropriateness ofhanding out themaximum sentence.

Q: What's your reaction to this sentence?

Not surprised, I certainly don't agree with it but I'm not surprised at the outcome.

Q: Why don't you agree with it?

I take issues not with the fact that there's a life sentence oreven an extended period of parole ineligibility.

I take issue with such a long period of parole ineligibility because he's too young a man at this point in timeand it allows no hope for him whatsoever.

It takes all hope away from him. I believe it should be left to the parole board in 25, 30 years to take a look at this fellow again to see whether he could be released on parole.

He could become a productive member of society.But today, to sort of forecast the future by saying 75 years, you can't ask for parole until you're99, forecloses everything for him.

Q: People might ask why should he have hope, he killed three people including a little girl what would you saytothem?

I say to that, our system of justice in Canada has a number of principlesthat it's based on, and two ofthemare that we extend mercy and we use restraint.

It's a hard concept with most people because the accuseddidn'tdo that with his victim. Hedidn'textend that mercy orrestraint.

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Butstill, we don'tin our system stoop tothe lowestcommondenominator We have a standard that we like to uphold and our system is to give people a chance.

Q: What about deterrence? Isn't a true life sentence more of a deterrence?

Studiesshave shown over time... that jaildoesn'treally deter anyone. How long ago was it Garland was sentenced in his crime?

Q: Wesaw in the Douglas Garland case he was attacked in prison do you think the same will happen withSaretzky?

I think it would be almost inevitable,it's probablyonly just a matter of time before that happens.Whether it'sat one prison or another, once word gets out he's a child killer, he'll have a target on him for sure.

Q:Sarekzky'slawyer has said he thinks the law allowing for these consecutive sentences will be challenged at the Supreme Court. If it is do you think it will stand?

I expect it'll go up there.

It may not go up on a constitutional challengethat you cannot have consecutive sentences becauseIthink it's fair that you can up the ante, you know, up the penaltyif there are multiple convictions or multiple murders.

But I thinkitcould go to the Supreme Court of Canada on the issue of when is it appropriate to start handing out these maximum sentences like this?When is it the right time to do that?

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Because here, you have a fellow who is 24 at the time.If his parole and eligibilitywere 25 years or 30 years, he's a completely different person 30 years from now.

When hes 54-years-old, he's got maturity, hes got some life experienceas much as you can get in a jail.

Q: Will he really be acompletely different person though?

Well, that would be up tothe parole authorities to determine. That's their job.

Q: What did the judge have to consider in deciding his sentence?

Well it's part of the Criminal Code that the judge in this type of sentencing will ask for a recommendation from the jury. Sometimes juries make no recommendation, some say this amount, some say thatamount.

But the judge has to consider that as part of his calculation on parole and eligibility, but he doesn't have to follow it.

The jury's recommendationis just one factor for ajudgeto put into the mix.

With files from CBC Calgary News at6:00