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Families who gathered at a British Columbia courthouse expecting closure left instead with more waiting. The sentencing hearing for three men convicted of murdering an Abbotsford couple has been pushed back to February 2027, after a judge ruled that a key section of Canada’s Criminal Code violates the Charter of Rights and Freedoms.
A Brutal 2022 Home Invasion
In May, a court found Abhijeet Singh, Khushveer Toor and Gurkaran Singh guilty of first-degree murder. The victims were Arnold De Jong, 77, and his wife Joanne De Jong, 76. The three men killed the couple during a nighttime home invasion in 2022.
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Court evidence revealed deeply disturbing details. Arnold died by asphyxiation, with his entire head and face wrapped in duct tape. Joanne was bludgeoned, and her throat was slashed. The killers also stole blank cheques, credit cards and other items from the home.
Two of the men had a prior connection to the De Jongs. Abhijeet Singh and Khushveer Toor had worked at the couple’s Abbotsford home about a month earlier, hired to carry out exterior cleaning. All three men were in their 20s at the time of the murders. Authorities arrested them in December 2022.
Constitutional Challenge Delays Sentencing
First-degree murder in Canada carries an automatic life sentence. Under current law, offenders who kill more than one person cannot apply for parole for 25 years. However, lawyers for all three convicted men launched a constitutional challenge. They argued their clients should have the right to apply for parole after 15 years under the so-called Faint Hope clause.
Justice Brenda Brown sided with the defence on that legal question. She ruled on Monday that the Criminal Code section requiring 25 years of parole ineligibility in multi-victim murder cases infringes on Charter protections against cruel and unusual punishment.
Crown counsel Dorothy Tsui spoke to reporters outside the courthouse after the ruling. “Justice Brown ruled today 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,” Tsui said. She added that Brown delivered the result but not the full reasons. Those reasons will follow on November 13, after which both sides will submit written arguments.
Tsui said Brown’s final decision on the parole eligibility question is expected sometime in the new year. Final sentencing is now scheduled for February 22, 2027.
Family Reacts with Shock and Frustration
For the De Jong family, Monday’s outcome was devastating. Heather Hoogland, a daughter of Arnold and Joanne, described the experience as a gut punch. “Going in today, thinking that we’re going to get the final sentencing, and hearing we are now put back to Feb. 22 of all days,” she said.
Her sister, Sandra Barthel, said the family left the courtroom in shock. “Just took the wind out of our sails,” Barthel said. She also questioned the logic of the legal process. “I don’t think it makes sense to us. How can people murder two people and then apply for reduced sentence? It’s mind-boggling,” she said.
The De Jong family had expected Monday’s hearing to bring the case to a close. Instead, they now face another year and a half before sentencing concludes. The three convicted men remain subject to a mandatory life sentence, though the parole eligibility timeline remains under legal dispute.
