B.C. judge rules parole law unconstitutional in Abbotsford murder case

A British Columbia Supreme Court judge has ruled that a section of the Criminal Code is unconstitutional, potentially allowing convicted murderers to apply for parole earlier than currently permitted.

Justice Brenda Brown ruled on Monday that the law preventing individuals convicted of more than one murder from applying for parole under the ‘faint hope clause’ after 15 years—instead requiring 25 years—infringes upon the Charter of Rights and Freedoms regarding protection against cruel and unusual punishment.

The ruling impacts the three men convicted of the 2022 first-degree murders of Arnold and Joanne De Jong in Abbotsford. Khushveer Toor, Gurkaran Singh, and Abhijeet Singh were found guilty of the killings, which were described by the Crown as being motivated by financial pressure and greed. The victims were killed during a home invasion in which items such as credit cards and cheques were stolen.

While the men were sentenced to life imprisonment, their lawyers argued for the application of the ‘faint hope clause,’ which was repealed in 2011. Further arguments regarding the case are scheduled for November, with a final ruling expected on February 22.