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Abbotsford murder victims’ daughters disappointed after B.C. judge rules parole rules unconstitutional

Abbotsford murder victims’ daughters disappointed after B.C. judge rules parole rules unconstitutional

An Abbotsford couple’s three daughters left court disappointed after a B.C. Supreme Court judge ruled the Criminal Code’s multiple-murderer parole ineligibility provisions unconstitutional, delaying final sentencing.

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Three daughters of an Abbotsford couple found dead in their home in May 2022 say they were disappointed after a B.C. Supreme Court judge ruled that a section of Canada’s Criminal Code governing parole eligibility for multiple murderers is unconstitutional, pushing final sentencing to next year.

Arnold and Joanne De Jong were found dead in their Abbotsford home in May 2022. At a hearing on Monday, Sandra Barthel, Heather Hoogland and Kimberley Coleman had been expecting the three convicted killers to be sentenced to life in prison.

Instead, Justice Brenda Brown ruled that the Criminal Code provision automatically making multiple murderers ineligible for parole for 25 years violates the Charter of Rights and Freedoms’ protections against cruel and unusual punishment. Crown prosecutor Dorothy Tsui said Brown made that ruling under the “Faint-Hope” clause.

Tsui said the court will issue its formal reasons on Nov. 13 and final sentencing will occur on Feb. 27 of next year.

Barthel called the ruling unexpected and said it has left the family frustrated. “It was unexpected, shocking, and incredibly frustrating,” she said. She added, “It is not protecting Canadian citizens; it is protecting criminals,” adding, “I think we are learning, as victims, the only people who have the life sentence is us, and it feels like the charter should be protecting us, but instead it is protecting them.”

The three sisters had argued that the killers should face the maximum punishment. Abhijeet Singh, Gurkaran Singh and Khushveer Toor were found guilty of first-degree murder earlier this year for the home-invasion double murder.

Barthel said the men’s claims of what counts as cruel treatment while incarcerated have felt especially difficult for the family. “They murdered our parents cruelly, and they are now claiming that being in jail for more than 15 years and having no hope of parole is cruel for them,” she said. “That has taken the wind out of our sails.”

Coleman said the family remains hopeful the court will still impose the maximum sentence, adding that they will continue to pursue justice for their parents. “We will remain fighters and fight for our parents’ name and justice that is due for this crime,” she said.

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