First degree murder

R. v. Monteith

Sentence and the Crown's position

Crown askedLife, no parole for 25 years1
Judge imposedLife imprisonment, no parole for 25 years; lifetime weapons prohibition1

Both are life sentences, so the bars compare how long before parole can be considered.

What the law allows

MaximumLife imprisonment
Crown askedLife, no parole for 25 years
Judge imposedLife, no parole for 25 years
Defence askedLife, no parole for 25 years
For first degree murder (CC 231(2)), the Criminal Code makes life imprisonment mandatory; the judge sets how long before parole can first be considered. Life is drawn at 25 years for scale. Read the section.

A jury found Carlos Nathaniel Monteith guilty of first degree murder for shooting a man multiple times at close range at a Surrey gas station in September 2019. The Crown sought the mandatory sentence of life imprisonment without parole eligibility for 25 years, and the defence took no different position. Justice Verhoeven imposed that sentence, finding that the killing was a paid contract murder carried out in a busy public place.

In the judge's words

In my view, the evidence relating to the fact that it was a planned and deliberate murder, while necessarily circumstantial, was virtually overwhelming. I have no difficulty in concluding to a point of near certainty that the murder was committed in exchange for the payment of money.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
Life, no parole for 25 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: R. Flannigan, S. Currie-Roberts
Defence: G.M. Ng, A. Vo

Sources

  1. R. v. Monteith, 2025 BCSC 1160 Court decision, CanLII, May 12, 2025[2] … So the Crown's position is that Mr. Monteith is to be sentenced to life imprisonment without eligibility for parole until he has served 25 years of his sentence. In the circumstances the defence cannot take a different position, and does not do so.[2] … So the Crown's position is that Mr. Monteith is to be sentenced to life imprisonment without eligibility for parole until he has served 25 years of his sentence. In the circumstances the defence cannot take a different position, and does not do so.[2] Section 235(1) of the Code mandates that in these circumstances Mr. Monteith is to be sentenced to life imprisonment. Section 745(a) of the Criminal Code, R.S.C., 1985, c. C-46 [Code] sets parole eligibility for a conviction for first degree murder at 25 years.[1] THE COURT: On March 14, 2025, after a multi-week trial, the jury found Mr. Carlos Nathaniel Monteith, (Mr. Monteith), guilty of the first degree murder of …[39] In my view, the evidence relating to the fact that it was a planned and deliberate murder, while necessarily circumstantial, was virtually overwhelming. I have no difficulty in concluding to a point of near certainty that the murder was committed in exchange for the payment of money.[49] For the reasons I have given, Mr. Monteith, I sentence you to life imprisonment with no opportunity for parole for a minimum of 25 years.
  2. R. v. Monteith, 2025 BCSC 1160 Court decision, Courts of British Columbia

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