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Richard Bain, Denis Lortie are mirror cases, lawyer says in run-up to sentencing

There are parallels between the cases of Richard Bain and the man who murdered three people at Quebec's National Assembly 32 years ago. CBC News has learned Bain's lawyer plans to draw on the Denis Lortie case during sentencing arguments tomorrow.

Parti Québécois rally killer to be likened to 1984 National Assembly shooter

Denis Lortie (left) pleaded guilty to second-degree murder for the 1984 National Assembly shooting. Richard Bain, (right) was convicted of second-degree murder for the 2012 shooting at the Parti Québécois victory rally. (Canadian Press and CBC News)

CBC News has learned that Richard Bain's lawyer will be relying heavily on the case of Denis Lortie to argue his client should receive the minimum sentence of 10 years in prison before he can apply for parole.

A jury found Richard Bain guilty of second-degree murder last month for the death of lighting technician Denis Blanchette in the 2012 election-night shooting at the Parti Québécois victory rally. Bain was also found guilty of three counts of attempted murder.

This Friday, the Crown and the defence lawyer will make their cases for Bain's sentence.

Depending on what the judge decides, he could have to wait between 10 and 25 years before he can apply for parole.

Defence lawyer Alan Guttman, who'll be arguing for the minimum, says he has a strong argument in his back pocket.

Lortie was found guilty of murdering three people, and received the minimum sentence.

Guttman told CBC News that it's a "mirror case" compared to his client's.

"I don't see the difference between Bain and Lortie," Guttman told CBC. "I think Lortie was much worse."

Lortie was originally convicted of first-degree murder, but later pleaded guilty to reduced charges of second-degree murder after a new trial was ordered due to legal errors. 

He received the minimum of 10 years in prison before he could apply for parole, and he was released on parole in 1996.

Defence lawyer Alan Guttman says if Denis Lortie received the minimum of 10 years before parole eligibility, his client should get the same. (Charles Contant/CBC News)

Guttman says both shootings had political aspects, and both men had a history of mental health issues.

Lortie fatally shot three government employees and wounded thirteen during the National Assembly attack, on May 8, 1984. 

He shouted in French "where are the MNAs? I want to kill them."

In Bain's case, 28 years later, the Parti Québécois was also the intended target. In a handwritten note, Bain said that "the plan was to kill as many separatists as I could."

Guttman will argue if the National Assembly shooter received the minimum, his client should get the same. 

We're not dealing with a criminal. We're dealing with a very sick man that snapped,- Defence lawyer Alan Guttman

He'll also be arguing that Bain had no history of violence and was a law-abiding citizen up until the deadly shooting.

"We're not dealing with a criminal. We're dealing with a very sick man that snapped," he said.

If the judge agrees and hands down the minimum sentence, Bain could be out on parole in six years because he's already been incarcerated for four years. But that will be up to the parole board to decide.

CBC reached out to the prosecutor to ask what he plans to argue on Friday, but he said he would not discuss that ahead of the hearing. 

After the sentencing arguments have been completed, the judge could take several weeks to make his decision.