The defendant, Bradley Cheveldayoff, was sentenced for manslaughter after being acquitted of second-degree murder.

The incident involved a physical altercation followed by Cheveldayoff shooting the unarmed victim, Gabriel Nikov, six times in the back as he walked away.

The court considered Cheveldayoff's violent criminal record, his disregard for court orders (carrying a firearm while prohibited), and the severe impact on the victim's family.

While acknowledging the initial provocation, the court found a significant disconnect between the scuffle and the fatal shooting.

The Crown sought 18-19 years and delayed parole, while the defence sought 8-12 years and opposed delayed parole.

The court imposed a sentence of 16 years, reduced to 12 years after credit for pre-sentence custody and harsh detention conditions, but declined to impose delayed parole under s. 743.6 of the Criminal Code, finding the overall sentence sufficient for denunciation and deterrence.