The parents of an Edmonton security guard gunned down in an armed robbery are pushing for legislative changes that would limit parole eligibility for their son’s killer and other convicted murderers in Canada.
If passed, Bill C-243, known as “Brian’s Bill,” would mandate offenders convicted of first-or second-degree murder who are denied parole to wait five years before applying again. Currently, many offenders are eligible to reapply annually after their initial denial.
Dianne and Mike Ilesic are advocating for the changes to federal parole eligibility laws in honour of their son, Brian Ilesic.
The 35-year-old was murdered in June 2012 when Travis Baumgartner opened fire on his fellow armoured vehicle security guards as they serviced an ATM machine at HUB Mall on the University of Alberta campus.
Three of the guards were killed in the ambush and a fourth was left with life-altering brain injuries.
Brian Ilesic had taken the job with G4S Security in hopes of eventually transferring to the West Coast to be near the ocean the Illesics say he loved.
His mother recalls he was incredibly particular about his uniform, often smiling at himself in the mirror, straightening his badge and ensuring his coat was perfectly pressed.
His parents remain haunted by his on-duty death.
The Ilesics say Brian’s Bill would shield grieving families from the trauma of facing a killer repeatedly.
“We don’t really feel like victim families have a true voice,” Dianne Ilesic said. “It’s always about the perpetrator. We think this is just the beginning of changing that.”
If passed, the private member’s bill would amend the Corrections and Conditional Release Act.
Currently, after an initial parole denial, many eligible offenders can reapply for parole annually. Brian’s Bill would instead mandate a five-year waiting period between applications for those convicted of first-and second-degree murder.
The bill, introduced by Conservative MP for Edmonton Griesbach Kerry Diotte, is scheduled for debate in the House of Commons this week. Diotte argues the current system fails to protect grieving families.
“This is a bill that will mean murderers can not continue to go before the parole board, year after year after year, traumatizing the families of murder victims.”
Despite a similar bill championed by MP Michael Cooper previously failing to become law, Diotte said he remains optimistic that the “horrific stories” shared by victims’ families will encourage cross-party support for the bill.
“It’s just horrific what these folks have to go through,” Diotte said. ”Can you imagine going in front of the person who killed your daughter, your son, your loved one and having to face that every year?”
Family of HUB Mall shooting victim pushing to change parole in Canada
The push for the bill follows a landmark 2022 Supreme Court of Canada ruling on a sentencing provision, introduced by the Harper government, that gave judges the ability to stack periods of parole ineligibility for multiple murders.
Baumgartner was originally ordered to serve a life sentence with no chance of parole for 40 years — one of the harshest sentences in modern Canadian history. However, the Supreme Court unanimously ruled that consecutive parole ineligibility periods for multiple murders constitutes cruel and unusual punishment.
As a result of that ruling, Baumgartner’s parole eligibility was altered; he could now be eligible for a hearing in about 12 years.
For the Ilesics, this creates the gruelling prospect of facing their son’s killer again and again.
Michael Ilesic said the Supreme Court ruling undermined Baumgartner’s sentence and the work of police and prosecutors investigating the shooting.
He expressed frustration that the ruling essentially caps parole eligibility at 25 years, regardless of the number of murder victims.
“If someone decides to take a life, if they take one or if they take a dozen, all they’re gonna have to serve is 25 years and to me, I think to every individual on this planet, [everyone] should be completely upset with that.”
While Conservative MPs have said the bill would protect victim families, the federal Liberals and legal critics have argued the proposed legislation would infringe on the fundamental rights of offenders and trample judicial independence.
In an interview with CBC News, Edmonton criminal lawyer Brian Beresh said the bill would undermine the independence of the courts and the federal parole board.
He said the Canadian justice system already contains sufficient “checks and balances” and that further restrictions would undermine its rehabilitative goals.
Reducing the frequency of parole hearings, he said, would discourage offenders from rehabilitating and give victim families too much power over the judicial process.
“I do not see this passing,” he said. “It’s an interference with the parole process.”
Beresh suggests that families already hold significant, perhaps even excessive, sway over the outcome of hearings and that the parole board remains best equipped to determine if an offender is ready to reintegrate into society.
For Mike and Dianne Ilesic, their goal remains simple: to protect families from an ongoing cycle of parole hearings and to honour the fond memories they have of their son, a prankster who loved his daughter, Christmas and the ocean.
They will travel to Ottawa to be present during the bill’s next debate in two weeks time, hoping to see it pass its second reading in the House of Commons.
“They’re calling this Brian’s Bill, we’re doing it in honour Brian because it was started on his behalf,” Mike Ilesic said.
“We would like to see it pass, for all victims across Canada.”
