OSHAWA COURT FILE NO.: CR-18-15006
DATE: 2022 06 02
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
– and –
CORY FENN
Defendant
Michael Newell and David Slessor, for the Crown
Self-Represented, for the Defendant
Mary Cremer, as Amicus curiae
HEARD: March 18, 2022
parole ineligibility on COUNT 3
LEIBOVICH J.
[1] On April 5, 2022, I imposed with respect to counts 1 and 2, the murders of Krissy and Roy, a life sentence with a parole ineligibility period of 25 years concurrent. My reasons for doing so can be found at R. v. Fenn, 2022 ONSC 2117.
[2] I adjourned the setting of the period of parole ineligibility for count 3, the murder of Vana, until the Supreme Court of Canada rendered its decision in R. v. Bissonnette.
[3] On May 27, 2022, the Supreme Court of Canada released its decision in R. v. Bissonnette 2022 SCC 23. The Court declared that s.745.51 was unconstitutional and of no force and effect. Therefore, a consecutive period of parole ineligibility cannot be imposed.
[4] The matter had originally been adjourned to August 5, 2022 but I asked that it be brought forward to today’s date so that these proceedings can be concluded as soon as possible.
[5] As a result of the Supreme Court of Canada’s decision, with respect to count 3, the murder of Vana, I will impose a concurrent life sentence with a concurrent period of parole ineligibility of 25 years. In other words, Mr. Fenn will be able to apply for parole after serving 25 years. It will of course be up to the National Parole Board to decide whether he should in fact receive parole. As the Supreme Court of Canada explained in R. v. Bissonnette, at para. 148:
Eligibility for parole is not a right to parole. Experience has shown that the Board generally proceeds with care and caution before making a decision as important as releasing multiple murderers back into society. The protection of the public is the paramount consideration in the Board’s decision-making process, but the Board also takes into account other factors such as the gravity of the offence and its impact on victims. It, perhaps, provides a measure of solace to know that compelling evidence of rehabilitation will be demanded before the perpetrators of such crimes will be released on parole.
[6] These proceedings are now completed.
Justice H. Leibovich
Released: June 2, 2022
OSHAWA COURT FILE NO.: CR-18-15006
DATE: 2022 06 02
ONTARIO
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
– and –
CORY FENN
parole ineligibility ON COUNT 3
LEIBOVICH J.
Released: June 2, 2022