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An Alberta judge was critical of a section of the Criminal Code that allows for consecutive parole ineligibilities Wednesday as he ruled two men found guilty of murdering three family members will not have to spend additional time in prison before they can apply for parole.
Jason Klaus, 42, and Joshua Frank, 32, were instead sentenced to life with no chance of parole for 25 years — which is automatic for first-degree murder.
"I do not view (section) 745.1 as a particularly effective means of addressing Parliament's concerns, especially with respect to those offenders who are convicted of first-degree murders where the only options before the Court involve increments of 25 years," Justice Eric Macklin said.
"Indeed, the imposition of consecutive parole ineligibility periods under (section) 745.1 may necessarily conflict with some of the principles and objectives of sentencing."
The Crown had argued that the two men deserved the maximum of 75 years without hope of parole for what the prosecution called a "contract killing of sorts.''
Macklin told court that factors in the case were not particularly uncommon compared with other murders and did not warrant consecutive sentences.
He also suggested that the two men would have a better chance of rehabilitation if they were not "bereft of hope."
Klaus and Frank, sitting in the prisoner's dock, did not change their expressions as Macklin spoke.
The defence said the murders weren't as gruesome as other cases that resulted in consecutive sentences.
The bodies of Klaus's father and sister were found in their burned-out farmhouse near Castor in December 2013. His mother's body was never found but police believe she also died in the house.
There are provisions in the Criminal Code to have sentences served one after the other for multiple murders. But Macklin said that although their crimes were horrific, delaying parole for Klaus and Frank would be "a decision out of the ordinary."
