Convicted killer Delroy McFarlane is asking a jury in Newmarket to allow him to apply for parole six years before he is due. It’s a rare and unusual hearing that’s been banned for anyone convicted of murder since 2011.
In a rare and unusual court proceeding, a convicted killer is asking a Newmarket jury to allow him to seek early parole from the life sentence he received for executing a young Toronto man in a York region field in 2003.
That all changed after 2011 when the then-Conservative government repealed the provision. Now, only individuals serving a life sentence for murder before Dec. 2, 2011, are eligible to apply. That left fewer than 200 potential faint-hope cases, according to the Correctional Service of Canada’s latest count.On May 30, 2003, he and another man drove Josh Julien, 20, from his Toronto home in East York to a field on the southwest corner of St. John’s Sideroad and Warden Avenue.
Di Luca called it a “rather unique process” and pointed out he had never before participated in a faint-hope hearing, neither sitting as a judge nor in his previous life as a Toronto defence lawyer. The vice-president of the Canadian Criminal Justice Association was “no fan” of the 2011 amendment that killed the provision. The CCJA is an independent national voluntary organization that exists “to promote rational, informed, and responsible debate in order to develop a more humane, equitable, and effective justice system.”
; at the urging of his victims’ families, the Liberal government amended the faint-hope clause to exclude it from being used by multiple murderers.
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