Their parents were murdered but instead of hearing the expected sentence for the killers in B.C. Supreme Court Monday, the family heard something that left them reeling.
“It’s just crazy. This is Canada. How does this happen here?” asked Sandra Barthel.
Her parents, Arnold and Joanne De Jong, both in their 70s, were killed in their Abbotsford home in May 2022 during a home invasion.
Earlier this year, Khushveer Toor, Abhijeet Singh and Gurkaran Singh, were all convicted on two counts of first-degree murder in the seniors’ horrific killings.
The three men had filed a constitutional challenge seeking consideration for early parole under the so-called “faint hope” clause.
Justice Brenda Brown gave her ruling Monday.
Outside the courthouse in Abbotsford, prosecutor Dorothy Tsui, explained the judge’s decision.
“What Justice Brown ruled today is that the section that prevents somebody who murders more than one person from applying for parole, potentially, pursuant to the ‘faint hope’ clause at 15 years, that section is unconstitutional,” said prosecutor Dorothy Tsui.
Barthel described the judge’s decision as “mind-boggling” and “infuriating”.
“(They) cruelly murdered my mom and dad, and now (the judge) is trying to say that going to jail for the time that is the mandatory sentence is cruel and undue harm. It just, it makes no sense to me whatsoever,” Barthel said.
She pointed out that two of the convicted killers were in Canada on student visas at the time of the murders.
“You have two people who are not Canadian applying against our Charter. Our Charter should be protecting us as victims. It should not be protecting criminals,” said Barthel.
A first-degree murder conviction normally carries a life sentence with no chance of parole for 25 years.
The judge will provide reasons for her decision next month. Once those are received, lawyers are expected to argue whether the infringement on the killers’ rights can be justified under Section 1 of the Charter.
“Despite finding a breach, a judge may say in certain circumstances, this legislation is still okay or saved by section one of the charter,” said Tsui
The De Jong family and their supporters, some who travelled hours to be there, had packed the courtroom but left disappointed.
“Disrespected is the feeling a lot of us have,” explained Christopher Coleman, the victims’ son-in-law.
“There’s been delay after delay and it’s frustrating,” explained Kimberley Coleman, another of the De Jong’s daughters.
“It’s like a gut punch, going in today thinking that we’re going to get final sentencing,” said the De Jong’s other daughter, Heather Hoogland.
“We’re going to fight for my parents. That’s the way our parents taught us and we’re going to fight for justice for my mom and dad,” she said.
Sentencing is now set for February 2027.
