ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
HIS MAJESTY THE KING
D. Pierce, for the Crown
- and -
HARLEY AUSTIN-BEDWASH LOON
J. Kaldas, for the Accused
Accused
HEARD: January 7, 2026, at Thunder Bay, Ontario
Mr. Justice S.J. Wojciechowski
Decision on Sentencing
Introduction
1Harley Loon appears today for the purposes of a sentencing hearing after pleading guilty to the second degree murder of Rusty Russow on November 14, 2022. He and his brother, Travis Loon, attended at the apartment of Rusty Russow for approximately 7 minutes around 9:00 p.m. on November 14, 2022, during which Rusty Russow was viciously attacked and left for dead.
2The guilty plea of Harley Loon to the charge of second degree murder automatically means he will be sentenced to life imprisonment in accordance with the Criminal Code of Canada. What remains to be determined is the period of parole ineligibility which is to be imposed. In other words, this court must determine how long Harley Loon remains in custody before he can apply for parole.
3Section 745(c) of the Criminal Code provides that the period of parole ineligibility which accompanies a finding of second degree murder cannot be less than 10 years, and not more than 25 years.
4The joint submission of counsel is that the period of parole ineligibility for Harley Loon should be set at 10 years, and I am prepared to accept this joint submission for the following reasons.
Background Facts
A. Circumstances of the Offence
5An Agreed Statement of Facts was entered as Exhibit 1 to this sentencing hearing.
6A Report of Post Mortem Examination for Rusty James Russow was entered as Exhibit 2.
7The circumstances of the murder are provided within Exhibits 1 and 2, and the following facts are gleaned from those documents.
8Pursuant to a police investigation conducted on November 17, 2022, police found Rusty Russow deceased in his apartment. Blood was smeared and spattered throughout the apartment, on walls, a chair, a couch, a weight bench and weights.
9Injuries to Rusty Russow were found on his head, neck, and torso, as well as defensive type injuries to his hands. His cause of death was determined to be sharp and blunt force injuries caused by a knife and a weight, including injuries to the neck which severed the carotid artery and jugular vein, and an injury to Rusty Russow’s skull resulting in a hinge fracture. These injuries would have been rapidly incapacitating and fatal.
10Following the investigation of the Thunder Bay Police, Harley Loon and his brother were eventually identified as being the assailants and arrested for First Degree Murder.
B. Circumstances of the Offender
11Currently 26 years old, at the time of the offence Harley Loon was 23 years old and a member of Martin Falls First Nation. He has a grade 11 education.
12In terms of family background, Harley Loon’s paternal grandfather is a residential school survivor. Mr. Loon is one of six siblings, and early in his life was placed into various foster care homes through Dilico and Tikinagan due to his parents drinking, physical violence, instability in the home, and ongoing financial hardships. Three of his siblings are deceased, and Harley Loon has also experienced tragic deaths of close family members, including his paternal grandmother and his maternal grandparents who provided stability and familial grounding for Harley Loon.
13Harley Loon has also experienced addiction issues throughout his life, starting with alcohol and cannabis at a young age, progressing to harder drugs, and he is currently on a suboxone program to assist with his detoxification.
14In terms of past criminal convictions, Harley Loon has a number of matters listed on his record, including two assaults and two charges for failure to comply with terms of a recognizance order in 2019 for which he received a suspended sentence and 12 months’ probation.
C. Impact on the Victim and the Community
15A written victim impact statement was filed by Kaila Evans on behalf of herself and her family. While not able to be present at today’s hearing, her statement was read in open court by her aunt, Debbie Russow McKay.
16I note the significant impact the loss of Rusty Russow has had upon his family with the following words of Kaila Evans:
The anger, sadness, and injustice of losing him so violently remain with us every day . . . Rusty was a remarkable young man who deserved a full and happy life. The devastation caused by his horrific murder is something we will never forget, and the pain of his loss will stay with us forever.
17I thank Kaila Evans for preparing the victim impact statement, as well as Debbie Russow McKay for reading it to us and speaking on behalf of Rusty Russow and his family. I acknowledge the courage it took to express these feelings before the court, and thank both women for doing so.
Sentencing Principles
18Section 718 of the Criminal Code sets out the following principles and objectives of sentencing:
The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:
a. to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;
b. to deter the offender and other persons from committing offences;
c. to separate offenders from society, where necessary;
d. to assist in rehabilitating offenders;
e. to provide reparations for harm done to victims or to the community; and
f. to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.
19Section 718.1 requires that the sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
20Section 718.2(a) requires that a sentence be increased to account for any aggravating factors or reduced to account for any mitigating circumstances.
21Section 718.2(d) requires restraint in sentencing, acknowledging that sentences are not only intended to be punitive, but also remedial.
22Section 718.2(e) directs sentencing judges, in the sentencing of Aboriginal offenders, to take into consideration that the circumstances of Aboriginal people are unique. This does not mean that prison sentences for Aboriginal offenders should be automatically reduced. All factors must
be taken into account for each case before the courts. The objectives of denunciation and deterrence are just as applicable within Aboriginal communities. Generally, the more violent and serious the offence, the more likely it is – as a practical reality – that the terms of imprisonment for Aboriginals and non-Aboriginals will be closer to each other, if not the same.
23In the case of R. v. Ipeelee, 2012 SCC 13, [2012] 1 S.C.R. 433, the Supreme Court of Canada mandated judges to consider the unique systemic or background factors which may have played a part in bringing the particular Aboriginal offender before the courts. This includes the broad systemic and background factors affecting Aboriginal people generally, such as the history of colonialism, displacement and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and higher levels of incarceration for Aboriginal peoples: Ipeelee, at para. 59, citing R. v. Gladue, 1999 679 (SCC), [1999] 1 S.C.R. 688.
24In taking direction from the Supreme Court of Canada, I relied upon the information which was presented in the Indigenous Persons Report, or the Gladue Report, which was filed as exhibit 5 to this sentencing hearing.
Legal Parameters
25As I have already noted, section 235(1) of the Criminal Code provides that anyone who commits second degree murder shall be sentenced to life imprisonment. This means that the sentence imposed upon such a person found guilty is that they will spend the rest of their life in prison, or until a parole board decides that they are deserving of parole.
26Section 745(c) of the Criminal Code mandates that anyone convicted of second degree murder shall not be eligible for parole until that person has served at least 10 years of the life sentence, or a greater amount of time not to exceed 25 years. The only issue a court can decide is the minimum time period a person must remain in jail until an application for parole can be made.
Positions of Crown and Defence
A. The Crown
27The Crown submitted that a life sentence with parole ineligibility for 10 years is the appropriate sentence.
28The Crown also submitted that the following ancillary orders would be in order:
(a) a s. 109 order prohibiting Harley Loon from possessing firearms or weapons for the rest of his life; and
(b) a DNA order on the primary designated basis pursuant to s. 487.04(a) of the Criminal Code.
29The Crown did not take a position on the waiver of the victim fine surcharge should that be the position of the Defence.
30The basis for the Crown’s position on sentencing is based upon the principles of deterrence and denunciation, focusing upon denunciation given the loss of human life which occurred.
31With Thunder Bay being the homicide capital of Canada, a clear message needs to be sent denouncing the heinous act which robbed Rusty Russow of his future ambitions and all the opportunities which lay ahead of him.
32In terms of mitigating factors, the Crown submitted that the guilty plea of Harley Loon brings some closure to the family of Rusty Russow, as well as the public, in the admission of guilt and the facts of the crime which were brought before this court.
33The Crown finally differentiated the situation with Harley Loon from Travis Loon by the fact that Travis Loon was understood to be the main player in Rusty Russow’s murder, as well as the sparse criminal record of Harley Loon, entered as Exhibit 4, when compared to that of his brother which was significant.
B. The Defence
34Defence counsel for Harley Loon, Mr. Kaldas, first acknowledged the impact his client’s actions have had upon the family of Rusty Russow, offering condolences to his family.
35Mr. Kaldas noted in his submissions the background factors in play with respect to Harley Loon, and the legacy and generational impacts referenced in the Indigenous Persons Report which was filed as Exhibit 5.
36Mitigating factors which he asked the court to consider included the impact of Harley Loon’s guilty plea, and the fact that the family of Rusty Russow would be spared the process of a trial.
37Mr. Kaldas concurred with the Crown’s position on the ancillary orders of a weapons prohibition for life and the DNA order, and submitted in the circumstances that the victim fine surcharge be waived.
Case Law
A. Joint Submission on Sentencing
38In the case of R. v. Anthony-Cook, 2016 SCC 43, [2016] 2 S.C.R. 204, the Supreme Court of Canada at para. 34, makes it clear that where counsel for the Crown and the Defence agree on sentence parametres, a court shall only reject their submissions if they are so unhinged from the circumstances of the offence its acceptance would lead reasonable persons to believe that the proper functioning of the justice system had broken down. I adopt the Supreme Court’s direction in considering the submissions presented to me by the lawyers who know more about the factual and legal issues inherent in this case than anyone else in this courtroom.
B. Parole Ineligibility
39In considering the appropriate period of parole ineligibility, the Supreme Court of Canada decision in R. v. Shropshire, 1995 47 (SCC), [1995] 4 S.C.R. 227, provides additional direction.
40The general rule in a case of second degree murder is that the period of parole ineligibility shall be for a period of 10 years, however it would not be unusual for courts to extend this period. The sliding scale of parole ineligibility was Parliament’s attempt to recognize that within the circumstances of second degree murder, there will be a broad range of seriousness reflecting varying degrees of moral culpability.
41This discretion allows judges to consider these factors, and any aggravating factors if they exist, which will drive upwards the period of parole ineligibility. But judges are to start from the
proposition that unless there are unusual circumstances, the sentence must be the statutory minimum of 10 years.
Sentence and Ancillary Orders
42I generally agree with the submissions of both the Crown and Defence counsel with respect to the appropriate sentence for Harley Loon.
43In considering these submissions, I note the personal circumstances of Harley Loon and the impact intergenerational trauma resulting from the residential school system has had upon him and his family. While giving consideration to these background factors, I still must consider the violent event which led to the death of Rusty Russow, and which cries out for a sentence that addresses the impact on the community at large as well as Rusty Russow’s family.
44In coming to a decision on the period of parole ineligibility, I have taken into account the admission of guilt by Harley Loon and his decision to take responsibility for his actions. This provides certainty for the family, and avoids the need for the Crown to run its case through the very public and resource heavy process of a trial.
45I also acknowledge the differences in the situation of Harley Loon when compared with that of his brother who participated in the murder of Rusty Russow. This includes the submission of the Crown that Travis Loon was the main instigator and participant in the attack upon Rusty Russow, as well as the relatively minor criminal record of Harley Loon when compared to that of his brother.
46All that being said, I find the proposed joint submission on sentencing to reflect an appropriate range after considering other similar situations and applying factual scenarios which have resulted in similar sentences. Accepting the submissions of counsel on sentencing would not bring the administration of justice into disrepute, and on the basis of Anthony-Cook, I endorse the submissions which were made before me.
47Harley Loon, please stand.
48After considering all relevant factors and principles of sentencing, both in general and specifically with respect to the circumstances of this matter and your personal circumstances, and in accordance with the provisions of the Criminal Code, I hereby sentence you to life imprisonment for the second degree murder of Rusty Russow, without being eligible to apply for parole until 10 years of your sentence has been served.
49In addition to the foregoing, pursuant to s. 109(3) of the Criminal Code, you are prohibited from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, and explosives substance for life.
50The Victim Fine Surcharge shall be waived.
51Finally, a DNA order is compulsory and as such, you shall provide a sample of your DNA pursuant to the DNA Identification Act.
The Hon. Mr. Justice S.J. Wojciechowski
Released: January 7, 2026
COURT FILE NO.: CR-24-0146-00
DATE: 2026-01-07
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
HIS MAJESTY THE KING
Crown
- and –
HARLEY AUSTIN-BEDWASH LOON
Accused
DECISION ON SENTENCING
Wojciechowski J.
Released: January 7, 2026