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The family and friends of Arnold and Joanne De Jong will have to wait until the new year for the three killers of their loved ones to be sentenced, after a judge ruled legislated restrictions to earlier parole breach the murderers’ Charter rights.
“We were expecting them to be sentenced, and we’re wondering how long this is going to carry on,” said Helen Leusink, Joanne’s sister, on Monday.
“It’s like a rolling ball that will never quit.”
Khushveer Toor, Abhijeet Singh and Gurkaran Singh — each in their 20s — all face mandatory life sentences for killing the De Jongs in their Abbotsford home in May 2022.
The men’s defence lawyers made a Charter challenge last month related to the “faint hope” clause in the Criminal Code, which allows convicted murderers to apply for earlier parole after serving 15 years in prison, instead of 25.
Helen Leusink, sister of Joanne De Jong, said she was expecting the three men who killed her sibling would be sentenced on Monday. But a Supreme Court judge has weighed in and ruled the men’s Charter rights were breached, pushing their sentencing hearing to February. (Kier Junos/CBC)
A previous Conservative government under Stephen Harper brought in changes in 2011 intended to effectively repeal the law.
Those convicted of multiple murders, where at least one murder was committed after Jan. 9, 1997, cannot apply.
Justice Brenda Brown ruled Monday that the section of the Criminal Code prescribing 25 years of parole ineligibility infringes upon the Charter of Rights and Freedoms’ guarantees against cruel and unusual punishment.
Crown co-counsel Dorothy Tsui said Justice Brenda Brown didn’t give reasons on her ruling on Monday, and said those are expected to be provided on Nov. 13. (Kier Junos/CBC)
“I think we always knew it was a possibility,” said Crown co-counsel Dorothy Tsui to members of the media.
Tsui said the judge’s reasoning for the ruling is expected to be made public in November.
“Regardless of whatever her decision is, it is still a life sentence. So really, the whole argument here is whether or not they have the ability to apply for parole at 15 years instead of 25,” she said.
A sentencing date has been set for February 2027.
