Manslaughter
R. v. Dyck
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Karma Lee Dyck pleaded guilty to unlawful act manslaughter in the death of her 18-month-old daughter, based on a failure to seek urgent medical care. The Crown sought the lower end of an 8 to 10 year range and the defence a conditional sentence of two years less a day. Justice Gottardi found six years appropriate, then reduced it by 18 months for Gladue factors, the guilty plea, mental illness, family separation consequences and rehabilitative efforts, imposing four and a half years' imprisonment.
In the judge's words
1I conclude that on the particular facts of this case the appropriate sentence would be six (6) years in jail. Since I have concluded that the Gladue factors, guilty plea, mental illness, family separation consequences, and rehabilitative efforts are significant, I find that the appropriate sentence for this offender must be adjusted downward by 18 months, for a remnant of four and a half (4.5) years.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: C. Yamashiro
Defence: K. Westell, C. Kalla
Sources
- R. v. Dyck, 2026 BCSC 1477 Court decision, CanLII, July 27, 2026
[3] The Crown submits that the appropriate sentencing range is 8 to 10 years' imprisonment, but given the presence of Gladue factors, Ms. Dyck should be sentenced to the lower end of that range.
[4] The defence position is that the appropriate sentence for Ms. Dyck is a Conditional Sentence Order ("CSO") of two years less a day, followed by three years of probation, on strict conditions, including provisions for house arrest.
[74] Section 236 of the Code provides that the maximum sentence for manslaughter is life; there is no minimum.
[1] Karma Lee Dyck appears for sentencing having pleaded guilty to Count 1 on New Westminster Indictment 84735-2:
[39] Ms. Dyck is 43 years old (39 at the time of the offence) with no criminal record.
[150] I conclude that on the particular facts of this case the appropriate sentence would be six (6) years in jail. Since I have concluded that the Gladue factors, guilty plea, mental illness, family separation consequences, and rehabilitative efforts are significant, I find that the appropriate sentence for this offender must be adjusted downward by 18 months, for a remnant of four and a half (4.5) years.
[152] On the charge of manslaughter in the death of K.P., I sentence you to four and a half years' imprisonment, or 1,620 days in custody.
- R. v. Dyck, 2026 BCSC 1477 Court decision, Courts of British Columbia