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B.C. judge rules parole restriction for multiple murderers unconstitutional
A B.C. Supreme Court judge has ruled that a Criminal Code provision barring multiple murderers from seeking parole review under the faint-hope clause violates Charter protections. The decision delays sentencing for three men convicted of first-degree murder.
B.C. Supreme Court Justice Brenda Brown ruled Monday that a Criminal Code section excluding multiple murderers from applying for early parole under the so-called faint-hope clause is unconstitutional. The provision sets 25 years of parole ineligibility, which Brown found infringes the Charter of Rights and Freedoms’ protection against cruel and unusual punishment.
The ruling has delayed sentencing again for Abhijeet Singh, Gurkaran Singh and Khushveer Toor. The three were found guilty of first-degree murder in May for the home-invasion killings of Arnold and Joanne De Jong. Outside court, the De Jong family said they were frustrated and disappointed that sentencing had been delayed again. They had expected the men to learn their ultimate sentences more than four years after the killings. Helen Leusink, Joanne De Jong’s sister, said the case had gone on for many years and it was time for a conclusion; the decision made her more disappointed in the justice system and how it operates.
The trial heard that 77-year-old Arnold De Jong died by asphyxiation, with his head and face completely wrapped in duct tape. Joanne De Jong, 76, was bludgeoned and had her throat slashed. A first-degree murder conviction normally carries a life sentence with no parole for 25 years. Lawyers for the three men sought to let their clients apply for early parole through the Criminal Code’s faint-hope clause.
The section Brown found unconstitutional was intended to exclude multiple murderers from the faint-hope clause, which allows some other offenders to seek judicial review of their parole ineligibility period after serving more than 15 years. Brown did not give reasons for her ruling Monday. Lawyers will return to court to argue whether the Charter infringement can be justified under Section 1. Further arguments are scheduled for November, and the men’s sentencing is now set for February 2027.
The federal government under former prime minister Stephen Harper abolished the faint-hope rule for multiple murderers sentenced after December 2011. This report by The Canadian Press’s Darryl Greer was first published Oct. 19, 2026.