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The lawyer representing Richard Henry Bain, the man who attacked a Montreal concert venue while the Parti Québécois celebrated its 2012 election victory, wants the Supreme Court of Canada to hear his client’s case.

After a long trial held in 2016, a jury convicted Bain, 68, on one count of second-degree murder and three counts of attempted murder.

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Bain received an automatic life sentence and Quebec Superior Court Justice Guy Cournoyer set his period of parole ineligibility to 20 years, calling the political nature of the crime “an assault on our democratic process.”

But lawyer Alan Guttman now argues the Quebec Court of Appeal — which maintained Bain’s sentence in a decision in March — should have considered that Cournoyer erred when he forgot to ask the jury, after reaching its verdict, to make a recommendation on how many years Bain should serve before being eligible for parole.

“It’s an element in the Criminal Code that does not give the judge any discretion, it’s obligatory,” Guttman said in an interview Tuesday. “I’ve been practising for almost 40 years and I’ve never seen a case like this. There’s no jurisprudence, there’s nothing on this.”