McMahon

The accused brought an application challenging the constitutionality of Bill C-75 amendments to the Criminal Code, which eliminated peremptory challenges and replaced lay triers with the trial judge for challenges for cause.

The accused argued these changes violated his rights under sections 7, 11(d), and 11(f) of the Charter.

The Superior Court of Justice dismissed the application, finding that the amendments did not infringe the accused's right to an independent and impartial jury, nor did they violate principles of fundamental justice.

The court also held that the amendments were procedural in nature and applied retrospectively to the accused's trial.

The accused pleaded guilty to eight counts of first-degree murder for the killings of eight men over a seven-year period.

The Crown sought consecutive periods of parole ineligibility totaling 50 years under section 745.51 of the Criminal Code, while the defence sought concurrent periods totaling 25 years.

The court weighed the horrific nature of the crimes, the impact on the victims' families and the LGBTQ community, and the accused's age of 67.

Given the accused's early guilty plea, which spared the community a traumatic trial, and the fact that he would be 91 years old before being eligible to apply for parole, the court ordered the 25-year parole ineligibility periods to run concurrently.