The appellant, convicted of first-degree murder, applied for a reduction in his parole ineligibility period under s. 745 of the Criminal Code after serving 15 years.
At the hearing, the jury refused to reduce the period.
The appellant appealed directly to the Supreme Court of Canada, arguing the hearing was unfair due to inflammatory remarks by Crown counsel and errors in the judge's charge.
The Supreme Court allowed the appeal and ordered a new hearing, finding that Crown counsel's remarks, which discredited the s. 745 process and improperly referenced the death penalty and unrelated crimes, seriously compromised the fairness of the hearing.
The Court also held that victim impact statements may be admissible at a s. 745 hearing at the discretion of the presiding judge.
