Three Surrey men seek reduced parole ineligibility after murder conviction ruling

Three Surrey men convicted of first-degree murder in the 2022 killings of an Abbotsford senior couple could have their parole eligibility reduced after a judge ruled part of the current law unconstitutional. Justice Brenda Brown of the B.C. Supreme Court made the ruling Monday, Oct. 19, in Abbotsford. Lawyers for Khushveer Toor, Gurkaran Singh and Abhijeet Singh argued that the faint hope clause should apply. Further arguments are scheduled for November, and Brown is expected to issue a final ruling on Feb. 22.

The men were found guilty on May 8. Arnold and Joanne De Jong’s bodies were discovered May 9, 2022, in their Abbotsford home. A first-degree murder conviction carries an automatic life sentence, with no parole eligibility for 25 years. The faint hope clause allowed people serving life sentences to apply for parole after 15 years. The federal Conservative government under Stephen Harper repealed it in 2011; it is unavailable for offences committed after Dec. 2, 2011.

Several legal challenges over the years have argued that the law amounts to “cruel and unusual punishment” and infringes the Charter of Rights and Freedoms’ “right to liberty and security.” The Criminal Code also bars the clause for people convicted of more than one murder. That is the provision Brown ruled unconstitutional.

The Crown said the killings took place during a home invasion motivated by “debt, financial pressure and greed.” The court heard that Joanne, 76, was found in bed with her hands and feet tied with rope and a “significant amount” of blood around her. A pathologist determined that she died from “sharp-force trauma”—stab wounds to her neck, possibly caused by a screwdriver—and “blunt-force trauma” to her head, possibly caused by a hammer.

Arnold, 77, was found in bed in a separate bedroom, also bound at the hands and feet, with his entire head and face tightly wrapped in duct tape. His cause of death was determined to be asphyxiation by smothering. Trial evidence showed that the three men used Arnold’s stolen credit cards, driver’s licence and cheques to make purchases, pay debts, withdraw cash and send money to relatives.