Second degree murder
R. v. Glasgow
Sentence and the Crown's position
Both are life sentences, so the bars compare how long before parole can be considered.
What the law allows
A jury convicted Devlin Tyson Glasgow of second degree murder for the 2013 shooting death of a man on Africville Road in Halifax, which carries an automatic life sentence. The Crown sought parole ineligibility of 15 to 20 years; the defence sought 10 to 15 years. Justice Arnold set parole ineligibility at 16 years, weighing his criminal record and entrenched criminal lifestyle against his challenging background described in the IRCA, systemic racism in federal prisons and harsh remand conditions during COVID.
In the judge's words
1[46] Considering cases that involve similar offenders and similar situations, Devlin Glasgow’s parole ineligibility is in the range of 15 to 20 years. Given the circumstances of the offence, his criminal record, his entrenched criminal lifestyle, but also considering his very challenging background as described in the IRCA, the systemic racism he faces in the federal penitentiary system (according to the Commission Report) and the time he spent on remand during COVID, the appropriate period for parole ineligibility is 16 years.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- Life, no parole for 10 years1
- Appeal
- Not yet checked
- Counsel
- Crown: Rick Woodburn, K.C., Sean McCarroll
Defence: D. Sid Freeman
Sources
- R. v. Glasgow, 2023 NSSC 391 Court decision, CanLII, November 7, 2023
[11] The Crown says that Mr. Glasgow’s parole ineligibility date for the second-degree murder conviction should be set at between 15 and 20 years.
[12] Mr. Glasgow says that his parole ineligibility should be set at between 10 and 15 years.
[1] Devlin Tyson Glasgow was convicted of the second-degree murder of … on March 4, 2023.
[46] Considering cases that involve similar offenders and similar situations, Devlin Glasgow’s parole ineligibility is in the range of 15 to 20 years. Given the circumstances of the offence, his criminal record, his entrenched criminal lifestyle, but also considering his very challenging background as described in the IRCA, the systemic racism he faces in the federal penitentiary system (according to the Commission Report) and the time he spent on remand during COVID, the appropriate period for parole ineligibility is 16 years.
[50] Mr. Glasgow has been sentenced to life in prison. Considering the facts of the murder, Mr. Glasgow’s character, criminal record, background, pre-trial custodial conditions, and the range of ineligibility determined in similar cases, I set Devlin Glasgow’s parole ineligibility at 16 years, that is, he must serve 16 years before he can apply for parole.
- R. v. Glasgow, 2023 NSSC 391 Court decision, Courts of Nova Scotia