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- calendar_today October 20, 2026
Charter Rights Breach Delays Sentencing in Abbotsford Homicide
The sentencing for three men convicted of the 2022 double homicide of Arnold and Joanne De Jong in Abbotsford has been postponed, following a B.C. Supreme Court ruling that their Charter rights were breached due to parole restrictions.
Background: Double Homicide in Abbotsford
On May 9, 2022, Arnold and Joanne De Jong were killed in their home in Abbotsford, British Columbia. Three men in their twenties—Khushveer Toor, Abhijeet Singh, and Gurkaran Singh—were later arrested and convicted. Each faces a mandatory life sentence for the murders as prescribed by Canadian law.
Charter Challenge Over Parole Eligibility
The defence lawyers for the three men launched a Charter challenge last month concerning the so-called "faint hope" clause in the Criminal Code. This clause historically allowed those convicted of murder to apply for parole after serving 15 years, instead of the standard 25-year minimum. However, legislative changes brought in by a previous Conservative government in 2011 made individuals convicted of multiple murders ineligible to apply if at least one offence occurred after January 9, 1997.
Justice Brenda Brown ruled that the Criminal Code section imposing 25 years of parole ineligibility before eligibility—effectively removing the faint hope clause in such cases—violated the Charter of Rights and Freedoms guarantee against cruel and unusual punishment.
Impact of Supreme Court Ruling
The decision has caused the sentencing hearing to be delayed until February 2027. The family of the victims expressed frustration at the ongoing delays. "We were expecting them to be sentenced, and we're wondering how long this is going to carry on," said Helen Leusink, Joanne De Jong's sister. "It's like a rolling ball that will never quit."
Crown co-counsel Dorothy Tsui acknowledged the ruling, stating, "I think we always knew it was a possibility." She noted that Justice Brown's detailed reasons for the decision are expected to be released in November. Tsui emphasized that despite the debate over parole ineligibility, "it is still a life sentence. So really, the whole argument here is whether or not they have the ability to apply for parole at 15 years instead of 25."
Next Steps in the Case
The official sentencing date for Khushveer Toor, Abhijeet Singh, and Gurkaran Singh has now been set for February 2027. The reasons for Justice Brown's ruling on the Charter of Rights breach are anticipated to be issued on November 13. The outcome may have broader implications for how parole eligibility is determined in Canada, especially for cases involving multiple murders and changes to the faint hope clause.
About the Reporter
This report was prepared by Kier Junos, who covers B.C.'s Fraser Valley for CBC News in Abbotsford. With additional files from The Canadian Press.
Source: cbc.ca.
