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Canada Convicted killer demands transfer to penitentiary for women

01:46  19 january  2020
01:46  19 january  2020 Source:   montrealgazette.com

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a man looking at the camera: Jamie Boulachanis, 46, was born as John Boulachanis and that was her name, in December 2016, when the jury that heard her lengthy trial — held at the Gouin courthouse in northern Montreal — convicted her of having killed 32-year-old Robert Tanguay in Rigaud in 1997 before burying his body in a sandpit where it remained hidden for years. Jamie Boulachanis, 46, was born as John Boulachanis and that was her name, in December 2016, when the jury that heard her lengthy trial — held at the Gouin courthouse in northern Montreal — convicted her of having killed 32-year-old Robert Tanguay in Rigaud in 1997 before burying his body in a sandpit where it remained hidden for years.

Jamie Boulachanis, a convicted murderer who recently became a woman in the definition under Canadian law, will make her second request on Monday to be transferred to a federal penitentiary for women as she continues to serve the life sentence she received in 2016 after a jury in a Montreal trial convicted her of first-degree murder.

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The case, to be heard at the Montreal courthouse, pits Boulachanis’ rights to equality versus Correctional Service Canada’s concerns for public safety.

Correctional Service Canada (CSC) has argued in the past Boulachanis poses a serious risk of escaping and a threat to public safety if she gets out.

“(Her) risk of escaping is considered high, as is the risk to the public if (she) escapes. She requires a high degree of surveillance and control inside penitentiaries,” CSC wrote last year when it filed a challenge to a Federal Court order that Boulachanis be moved to a women’s penitentiary.

Boulachanis, 46, was born as John Boulachanis and that was her name, in December 2016, when the jury that heard her lengthy trial — held at the Gouin courthouse in northern Montreal — convicted her of having killed 32-year-old Robert Tanguay in Rigaud in 1997 before burying his body in a sandpit where it remained hidden for years. The trial was held at the Gouin courthouse, specially designed for trials involving people tied to organized crime, because of attempts Boulachanis made to escape while detained. On one occasion, Boulachanis managed to free herself from restraints on a prison transfer bus and won about 30 seconds of freedom before she was tackled by a guard as she ran from the vehicle.

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A guard who was on the bus testified during Boulachanis’ trial and said he and his colleagues never managed to figure out all of the Houdini-like methods Boulachanis used before she bolted from the bus.

The jury was told the most likely motive behind the murder involved Boulachanis’ concerns Tanguay was a police informant. Boulachanis led a small group of criminals involved in a series of crimes, including the theft of cars, and he told two accomplices in the murder he believed Tanguay was feeding information about them to the police. But the jury also heard evidence Boulachanis was sleeping with Tanguay’s wife immediately after Tanguay disappeared.

According to a Federal Court judge’s decision made last year, following her conviction, Boulachanis was sent to the Donnacona Institution, a maximum-security federal penitentiary for men, where she “broached the subject of her gender identity with the institution’s psychologist. She also asked to see a psychiatrist to obtain a diagnosis of ‘gender dysphoria’ that, if I understand correctly, would be necessary for continuing with the process. Ms. Boulachanis said that she wanted to receive hormone therapy and was planning to undergo sex reassignment surgery. In August 2018, a psychiatrist diagnosed her with ‘gender dysphoria.’ On October 26, 2018, Ms. Boulachanis had her first name and designation of sex changed in her act of birth.”

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When the Federal Court case was heard last spring Boulachanis had yet to undergo sex reassignment surgery. A source familiar with the case told the Montreal Gazette earlier this month Boulachanis was scheduled to have the surgery in January, but wasn’t certain whether it had been performed yet.

On April 19, the judge ordered Boulachanis be transferred to a federal penitentiary for women. Boulachanis requested the transfer after having been placed in segregation at the Donnacona Institution out of concerns for her safety. The judge ruled that refusing Boulachanis a transfer constituted “discrimination based on gender identity or expression.

“Even though (Correctional Service Canada) will have to take special measures to manage the risk posed by Ms. Boulachanis, the evidence submitted does not convince me that this would result in undue hardship. On the contrary, being either exposed to threats or placed in administrative segregation constitutes irreparable harm for Ms. Boulachanis. That harm overcomes the inconvenience that could result from her transfer to a women’s institution.”

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Penitentiary definition is - an officer in some Roman Catholic dioceses vested with power from the bishop to deal with cases of a nature normally handled only by the bishop. Synonyms. Example Sentences. Learn More about penitentiary . Keep scrolling for more. Synonyms for penitentiary .

Correctional Service Canada (CSC) did not carry out the judge’s order. Instead, it filed an appeal in the Federal Court of Appeal and then transferred Boulachanis to the Port Cartier Institution, a federal penitentiary that is 840 kilometres northeast of Montreal. In November, Boulachanis’ lawyer, Sylvie Bordelais, filed a request in Quebec Superior Court requesting a second time Boulachanis be transferred to a penitentiary for women, like the one in Joliette.

That second request is scheduled to be argued on Monday at the Montreal courthouse. CSC has made a request the request be rejected before arguments are even heard.

pcherry@postmedia.com

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