Elena Middelkamp

The accused was convicted of two separate murders and faced a potential order under s. 745.51 of the Criminal Code that his parole ineligibility periods be served consecutively, totaling 41 years.

The accused challenged the constitutional validity of s. 745.51, arguing it violated ss. 7 and 12 of the Charter by permitting life-long sentences without hope of release.

The court dismissed the application, finding that the discretionary power to impose consecutive parole ineligibility periods for multiple murders does not require or permit grossly disproportionate sentences.

The court also noted that the royal prerogative of mercy provides a realistic hope of eventual release.

In a pre-trial motion for a first-degree murder case, the Crown sought to admit evidence of the accused's prior discreditable conduct, including drug trafficking, acts of violence, and motive.

The court endorsed agreements between the parties allowing evidence of the accused's drug trafficking to provide narrative context, and allowing witnesses to state they feared the accused without detailing specific prior violent acts.

The court also ruled that the Crown could lead evidence of the accused's motive—specifically that he killed the deceased in retaliation for a prior assault by the deceased's close associate—finding its probative value outweighed any prejudicial impact.