Justice Brenda Brown of the B.C. Supreme Court ruled Monday that a Criminal Code provision restricting multiple murderers from seeking early parole is unconstitutional.
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A British Columbia Supreme Court judge has ruled unconstitutional a Criminal Code section that restricts multiple murderers from applying for early parole under the so-called “faint-hope” clause.
In a ruling issued Monday, Justice Brenda Brown found that the section prescribing 25 years of parole ineligibility infringes the Charter of Rights and Freedoms’ guarantees against cruel and unusual punishment. The decision has delayed sentencing again for Abhijeet Singh, Gurkaran Singh and Khushveer Toor, who were found guilty of first-degree murder in May for home-invasion killings involving Arnold and Joanne De Jong.
Outside the courthouse, members of the De Jong family said they were frustrated that sentencing has been postponed again. “It doesn’t change the fact that this has gone on for many, many years and it’s time we come to the conclusion and it just makes me more and more disappointed in our justice system and how it operates,” said Helen Leusink, Joanne De Jong’s sister.
The trial heard that Arnold De Jong, 77, died by asphyxiation with his entire head and face wrapped in duct tape, while Joanne De Jong, 76, was bludgeoned and had her throat slashed. A first-degree murder conviction would normally result in a life sentence with no chance of parole for 25 years, but lawyers for the trio argued they should be able to seek early parole through the faint-hope clause.
Brown’s ruling addressed a provision intended to exclude multiple murderers from the faint-hope clause, which would otherwise allow some offenders to seek judicial review of their parole ineligibility after serving more than 15 years. The judge did not provide reasons for the decision on Monday.
Lawyers will return to court for another argument that is expected to focus on whether the infringement can be justified under Section 1 of the Charter. Further arguments have been scheduled for November, with sentencing for the three men set for February 2027.
The faint hope rule for multiple murderers was abolished by the federal government under former prime minister Stephen Harper for people sentenced after December 2011.
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