B.C. murder convicts may get early parole: De Jong family shocked by court ruling

A B.C. Supreme Court judge ruled the 25-year no-parole rule unconstitutional for those convicted of multiple murders. The De Jong family called it "a gut punch."

B.C. judge strikes down multi-victim parole restriction, De Jong family left reeling

A B.C. Supreme Court judge ruled Monday that the provision barring people convicted of killing more than one person from applying for early parole is unconstitutional, cp24.com reports — a decision that blindsided the family of two Abbotsford murder victims who had come to court expecting a final sentence.

Justice Brenda Brown delivered her ruling in the case of Khushveer Toor, Abhijeet Singh and Gurkaran Singh, all convicted earlier this year on two counts of first-degree murder in the May 2022 home invasion killing of Arnold and Joanne De Jong, both in their 70s, at their Abbotsford home.

The three men had filed a constitutional challenge seeking eligibility for early parole under the so-called "faint hope" clause. Under normal circumstances, a first-degree murder conviction carries a life sentence with no possibility of parole for 25 years. The challenged provision specifically blocks those convicted of murdering more than one person from applying for parole at the 15-year mark.

"What Justice Brown ruled today is that the section that prevents somebody who murders more than one person from applying for parole, potentially, pursuant to the 'faint hope' clause at 15 years, that section is unconstitutional," said prosecutor Dorothy Tsui outside the Abbotsford courthouse.

Tsui noted the ruling is not final. Once the judge provides written reasons next month, lawyers are expected to argue whether the rights infringement can still be justified under Section 1 of the Charter. "Despite finding a breach, a judge may say in certain circumstances, this legislation is still okay or saved by section one of the Charter," Tsui said.

For the De Jong family and their supporters — some of whom had travelled hours to attend — the ruling was devastating. Sandra Barthel, daughter of the victims, described the decision as "mind-boggling" and "infuriating."

"It's just crazy. This is Canada. How does this happen here?" Barthel said. "(They) cruelly murdered my mom and dad, and now (the judge) is trying to say that going to jail for the time that is the mandatory sentence is cruel and undue harm. It just, it makes no sense to me whatsoever."

Barthel also pointed out that two of the convicted men were in Canada on student visas at the time of the murders. "You have two people who are not Canadian applying against our Charter. Our Charter should be protecting us as victims. It should not be protecting criminals," she said.

Other family members echoed her frustration. Christopher Coleman, the victims' son-in-law, said the overriding feeling was one of disrespect. "There's been delay after delay and it's frustrating," added Kimberley Coleman, one of the De Jong daughters. Her sister Heather Hoogland described the day as "a gut punch," having entered the courtroom expecting final sentencing.

"We're going to fight for my parents. That's the way our parents taught us and we're going to fight for justice for my mom and dad," Hoogland said.

Sentencing has now been scheduled for February 2027.

Source: Google News CA — Crime (EN)