Manslaughter

R. v. Julian

  • Below the Crown's ask
  • On release at the time

Sentence and the Crown's position

Crown asked10 years in custody1
Judge imposed7 years in custody, less 1364 days' credit for remand (1191 days remaining)1
3 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked10 years in custody
Judge imposed7 years in custody
Defence asked5 years in custody
For manslaughter (CC 236), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Issiah Thomas Julian pleaded guilty to manslaughter in the stabbing death of a man in Paq'tnkek First Nation, after being charged with second degree murder. The Crown sought 10 to 12 years and the defence 5 years. Justice Hunt imposed 7 years in custody, less 1364 days' credit for remand, saying the sentence would have been higher but for the Gladue factors, his change of plea and his acceptance of responsibility. He was on probation for an assault conviction at the time of the offence.

In the judge's words

It is the order of the Court that you will serve a period of custody of 7 years. In my view this sentence is required to reflect the gravity of the offence and balances the issues which, in the circumstances, impact the weighing of your moral blameworthiness.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
On probation1
Defence asked for
5 years in custody1
Appeal
Not yet checked
Counsel
Crown: Allen Murray K.C., Courtney MacNeil
Defence: David Hirtle, K.C., Nicholas Fitch

Sources

  1. R. v. Julian, 2026 NSSC 261 Court decision, CanLII, August 4, 2026[8] The Crown submits that, in all the circumstances, a term of imprisonment at the high end of the range is called for. In oral argument they specifically suggested that a term between 10 and 12 years would be appropriate.[13] The position of Mr. Julian is that a sentence of 5-years imprisonment ought to be imposed.[20] In the course of addressing this matter, I have learned a great deal about Issiah Julian.[72] Mr. Julian’s record, in my view, is neither dated nor limited. … He was on probation at the time of this offence for an assault conviction.[97] It is the order of the Court that you will serve a period of custody of 7 years. In my view this sentence is required to reflect the gravity of the offence and balances the issues which, in the circumstances, impact the weighing of your moral blameworthiness.[97] It is the order of the Court that you will serve a period of custody of 7 years. … [99] As counsel know, the Warrant of Committal must be expressed as a number of days. Accordingly, allowing for the statutory remand credit as outlined above, and without regard to leap years, the calculation is as follows: 2,555 days (less) 1364 days = 1191 days to be reflected on Warrant of Committal.
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. Julian, 2026 NSSC 261 Court decision, Courts of Nova Scotia

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