David Morrisson, convicted of first-degree murder and attempted murder, applied under s. 745.61 of the Criminal Code for a reduction in his parole ineligibility period.
The application required judicial screening to determine if there was a substantial likelihood a jury would unanimously agree to reduce the period.
The applicant argued the old "reasonable prospect" test should apply, citing Charter ss. 11(h) and (i), but the court applied the new "substantial likelihood" test, consistent with prior rulings.
Despite Morrisson's positive institutional conduct and low risk of re-offending, the court found his repeated untruthful statements and evolving accounts of the offence, including admitted perjury, severely undermined his credibility and character.
The court concluded there was no substantial likelihood a jury would unanimously reduce his parole ineligibility, dismissing the application.
