Fergus J. (Chip) O’Connor

The applicant, convicted of first-degree murder and sentenced to life imprisonment without parole eligibility for 25 years, applied for a reduction in his parole ineligibility period under the faint hope clause.

The court conducted an initial judicial screening to determine if there was a substantial likelihood of success before a jury, applying the new threshold introduced by Bill S-6.

Despite the brutal nature of the murder and the applicant's continued denial of guilt, the court found that his exemplary institutional behaviour, low risk to public safety, and advancing age provided sufficient substance to warrant a jury hearing.

The application was granted and a jury was ordered to be empanelled.

The court addressed sentencing for breaches of long-term supervision orders by Indigenous long-term offenders and reaffirmed the mandatory application of Gladue principles in every such case.

It held that sentencing judges must consider systemic and background factors and craft proportionate, individualized sanctions even for serious breaches tied to risk management.

In the first appeal, errors in principle required intervention and the custodial term was reduced to one year.

In the second appeal, the one-year sentence imposed by the appellate court was upheld.