Donald Earhart, convicted of first-degree murder, applied under s. 745.61 of the Criminal Code for a reduction in his parole ineligibility period.
The court conducted a judicial screening to determine if there was a "reasonable prospect" that a jury would unanimously reduce the period, considering factors such as his character, conduct in prison, the nature of the offence, victim impact statements, and his Indigenous background (Gladue factors).
The court found that the applicant had established a reasonable prospect, particularly given his Indigenous status, mental health conditions, and extended periods in segregation.
The application was granted, and a jury will be empanelled.
