B.C. judge rules parole restriction for multiple murderers unconstitutional

A British Columbia Supreme Court judge has found a law that prevents multiple murderers from applying for early parole unconstitutional. Justice Brenda Brown ruled on Monday that the Criminal Code section mandating 25 years of parole ineligibility violates Charter protections against cruel and unusual punishment. This decision further postpones the sentencing of three men convicted in May of first-degree murder for killing Arnold and Joanne De Jong during a home invasion. The judge did not provide detailed reasons, and lawyers will return to court to argue whether the Charter infringement can be justified.

Family members of the victims expressed shock and frustration at the latest delay, having expected a final sentence more than four years after the crimes. "I think we're just shocked. (It) just took the wind out of our sails. I don't think it makes sense to us," said Sandra Barthel, a daughter of the couple. She added, "How can people murder two people and then apply for reduced sentence? It's mind boggling, it's infuriating, and it just reiterates that we're the only ones with a life sentence here." Another daughter, Heather Hoogland, described the delay as "like a gut punch."

The three convicted men, Abhijeet Singh, Gurkaran Singh and Khushveer Toor, had previously worked at the De Jong home. The court heard they stole cheques, credit cards and a power washer after the murders, using the stolen items to pay bills and deposit money. In her earlier judgment, Justice Brown concluded the men knew the De Jongs could identify them and planned the killings to cover up the robbery. "Because of this, they could not leave the De Jongs alive at the conclusion of the home invasion," Brown wrote.

While a first-degree murder conviction carries an automatic life sentence with no parole for 25 years, the defence sought access to the faint-hope clause for their clients. The clause, abolished for multiple murderers sentenced after December 2011 by the former Harper government, allows some offenders to request a judicial review of their parole eligibility after 15 years. The section Justice Brown ruled unconstitutional specifically barred multiple murderers from using this process. Further legal arguments are scheduled for November, with a new sentencing date set for February 2027. Kimberley Coleman, another daughter, said the family has endured years of delays in the court process. "We remain fighters and we will still fight for our parents' name and justice that is due for this crime," she said.

With files from The Globe and Mail and Castanet