Man convicted of killing Montreal teen gas station worker to seek day outings, earlier parole

Convicted murdererSbastien Simon is scheduled to tell commissioners with the Parole Board of Canada today why he should be allowed to leave prison for temporary, escorted outings.

And 10 days later, his case will be before a Superior Court of Quebec judge in a bid to allow him to apply for parole after 15 years behind bars, instead of the 25 his sentence says he must serve.

In both cases, the family of his victim doesn't believe he's anywhere near ready to be released.

Simon beat, kicked and repeatedly stabbed Brigitte Serre in an overnightgas station robbery in Montreal's Saint-Lonard borough in January 2006.

"It's tough, every time. It's unreal," said Brigitte's father, Bruno Serre. "It's never going to stop. He plays the system. He says he has regrets about what he did, but he doesn't have any regrets."

Today will mark his third attempt before the parole board to be allowed to leave detention for escorted outings. The board rejected his two previous attempts in February 2019 and October 2020.

"The board retains from your statements a desire to benefit from the services at your disposal during incarceration to improve yourself," said the parole board in a written decision after his last hearing. "However, you don't seem to be aware of the long road ahead of you. The board believes you must be patient to make sure what you've learned is truly, well absorbed."

"Quite honestly, he hadn't done much," said Darlene Ryan, Serre's stepmother. "He keeps on asking [for outings] every chance he gets. It's not because you're allowed, technically, to ask every six months, or whatever it is, that you should do it."

Seeking review under 'faint hope' clause

Ryan and Serre are also wary of Simon's attempt to have his period of parole eligibility reduced from 25 years to 15 years under what's known as the "faint hope" clause. The law is no longer on the books. But since Simon was convicted before it was repealed, he is allowed to apply.

Defence lawyer Eric Sutton says it's a program that looks at the person's conduct, the nature of the crime and how they may have rehabilitated themselves while incarcerated.

A judge will hear the initial application to determine if there's a substantial likelihood that it would succeed. And, if so, a jury will be impaneled at a later date to decide whether an applicant should be granted permission to apply for early parole

"Ideally, the person would have to show that they're no longer a great risk to the community if they were at liberty," said Sutton. "Ultimately, they would have to show they've behaved, and their behavior in prison has been commendable."

Sutton says this is a difficult process for an offender. And the fact that Simon has unsuccessfully tried twice to get day outingsdoes not bode well for his chances under the faint hope clause.

"That's not very encouraging, is it," said Sutton. "The fact that so long into his sentence [temporary outings] have been refused would suggest that his chances might be on the weaker side."

The review of Simon's parole eligibility is scheduled for Sept. 10.