B. Vandebeek

The applicant, convicted of first-degree murder for a 2009 home invasion, applied under the 'faint hope' clause (s. 745.6 of the Criminal Code) for a reduction in his 25-year parole ineligibility period.

The court conducted a judicial screening to determine if there was a reasonable prospect a jury would unanimously reduce the period.

While acknowledging the applicant's completion of his high school diploma, participation in programs, and the systemic discrimination faced by Black inmates, the court found his institutional record reflected ongoing misconduct and a recent psychological risk assessment deemed him a high risk to violently reoffend.

The application was dismissed as the applicant failed to demonstrate consistent progress and reduced risk to public safety.

The accused was charged with uttering threats, criminal harassment, and firearms offences arising from arguments with his then intimate partner.

The Crown's case relied entirely on the complainant's testimony.

The court found the accused to be a credible and reliable witness whose evidence raised a reasonable doubt.

Conversely, the court found the complainant was not credible, noting she lied under oath about wanting to meet the accused after his arrest, swore a misleading affidavit in family proceedings, and gave evidence inconsistent with her 911 call.

The accused was acquitted on all counts.