S. Kelly

The accused pleaded guilty to second-degree murder for his role in the prolonged assault and torture of a vulnerable victim in the context of the drug trade.

The Crown sought an 18-year period of parole ineligibility, while the accused sought 12 years.

The court emphasized denunciation and deterrence, noting the victim's vulnerability and the brutal nature of the murder.

The accused was sentenced to life imprisonment with no eligibility for parole for 16 years.

The applicant, an Indigenous person, sought a review of a detention order under s. 520 of the Criminal Code, arguing the Justice of the Peace erred in law by failing to fully consider Gladue principles pursuant to s. 493.2.

The Superior Court admitted the applicant's fresh affidavit but found the Justice of the Peace made no error of law given the limited evidence presented at the original hearing.

Conducting a de novo review, the court concluded that detention was necessary on the secondary ground due to the applicant's significant criminal record, the violent nature of the alleged offences, and the lack of a sufficient release plan.