Judge rules life sentence is not 'cruel and unusual punishment' in murder case

Brad McKee's constitutional challenge has failed, as Justice Vanessa Christie upheld the jury's 2022 sentence after it found the Penetanguishene man guilty of first-degree murder for fatally stabbing his father in 2019.

In her ruling, Justice Christie stated, "This court is not permitted to retry the case," affirming that McKee was fit to stand trial.

McKee's lawyers, Nathan Gorham and Breana Vandebeek, argued their client was in a drug-induced psychosis at the time of his father's death, leaving him in a diminished state of moral culpability.

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His lawyers said a mandatory minimum life sentence of 25 years without parole eligibility is cruel and unusual punishment and discriminatory to a person with a mental illness under sections 12 and 15, respectively, in the Charter of Rights and Freedoms.

Justice Christie disagreed. "Mr. McKee's actions, as found by the jury, do call for such a sentence," she countered, adding the court could not find diminished moral culpability due to mental disorder if it was not authorized to make a finding of not criminally responsible.

McKee's long history of mental health issues, including delusions, paranoia, and substance abuse, was central to the murder trial.

The court had heard that McKee believed he was being spied on, that his parents were trying to control his life, and that doctors were conspiring against him. It was also shared that he lived in constant fear that the police would take him away.

However, the jury determined that McKee had the full intent to commit murder.

"This court cannot come to a different conclusion," Justice Christie ruled. "One cannot be convicted of first-degree murder without the highest level of moral blameworthiness."

The judge also rejected the defence's attempt to reopen the trial, stating the court was not prepared to reconsider McKee's conviction.

McKee's lawyers argued that the findings regarding criminal responsibility could prejudice a potential appeal.

McKee's mother has vowed to continue the legal fight through the Court of Appeal and pursue civil litigation against her son's doctors, who she claims turned him away when he needed help.