Wife pleads for Hamilton man's safe return

spaminator

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Appeal court reserves decision on Millard and Smich appeals
Triple killer has one last appeal to argue – his conviction for murdering his own father

Author of the article:Michele Mandel
Published Mar 16, 2023 • Last updated 1 day ago • 2 minute read

As parents of the murder victims looked on, the Ontario Court of Appeal reserved its decision on the appeals launched this week by killers Dellen Millard and Mark Smich against their convictions for murdering Laura Babcock and Tim Bosma.


The final appeal to be heard Friday is by Millard alone against his third murder conviction – the shooting of his father Wayne Millard in November 2012 and making it look like a suicide. He’ll be representing himself again, as he did in the Bosma appeal.


Following their arrests in May 2013 for the slaying of Bosma during a test drive of the Ancaster family man’s truck, Smich and Millard both blamed the other and claimed they’d been denied a fair trial because of the cutthroat defences each had employed.

Crown attorneys Katie Doherty and Benita Wassenaar urged the three-judge panel to deny the pair’s requests for new trials, insisting both of their convictions for murder were “amply supported in the evidence” and the trial judge made no errors.


Millard, the only son of a wealthy aviation executive, and his wannabe rapper sidekick had texted for over a year about getting their hands on that model of Dodge truck, calling it their “3500 mission.”

On the night Bosma disappeared, Doherty reminded the court, Millard messaged his girlfriend Christina Noudga: “I’m on my way to a mission now. If it’s a flop I’ll be done in 2 hrs. If it goes … it’ll be an all nighter.”

Smich’s girlfriend Marlena Meneses testified that both men were celebrating the next day about their “successful mission.”

According to the Crown, there was also abundant evidence the pair had planned to kill and buying a giant livestock incinerator was part of that deliberation.

“This is a cremation device with no other purpose that we know of besides putting Mr. Bosma and Ms. Babcock inside,” Doherty argued. “They have that at the ready when they need to dispose of their victims.”


Burned remains believed to belong to Bosma were found in the incinerator discovered on Millard’s Waterloo farm and the victim’s truck was hidden in a trailer parked in the driveway of Millard’s mom’s Kleinburg home.

Despite each trying to pin it on the other, they were equal partners in crime, argued Wassenaar.

“So we say the overwhelming case threshold is met for both Mr. Millard and Mr. Smich,” Wassenaar maintained.

mmandel@postmedia.com
 

spaminator

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Serial killer Dellen Millard loses one appeal, but gets new lease on life in prison
Millard is sentenced to life without parole for 25 years — and not the 75 years he'd been given for the three killings

Author of the article:Michele Mandel
Michele Mandel
Published Mar 17, 2023 • Last updated 1 day ago • 3 minute read

It didn’t take long to put serial killer Dellen Millard in his place — and if there are any millions left in his father’s estate, he can now officially kiss his inheritance goodbye.


The Ontario Court of Appeal panel listened politely as Millard, representing himself from a prison room at Millhaven Institution, insisted the judge was wrong when she convicted him in 2018 of killing his father, wealthy aviation executive Wayne Millard, in the early hours of Nov. 29, 2012.


It took just 15 minutes for the three judges to reject his feeble argument — without their even calling on the Crown lawyers for submissions. “The court sees no error in the reasons of the trial judge below — in fact we find them compelling. Your conviction appeal, Mr. Millard, is dismissed,” said Justice Eileen Gillese.

“He looked shocked, didn’t he?” laughed Linda Babcock, mother of his first victim, Laura. “Because he thought he did such a good job.”


But as expected, the triple killer did win a shorter lease on life in prison. “As the Crown has correctly acknowledged, the Supreme Court of Canada decision in (mosque killer Alexandre) Bissonnette declared section 745.51 of the Criminal Code unconstitutional,” Gillese said.

That section, which allowed the stacking of parole ineligibility for multiple murders, was found to be “cruel and unusual punishment.” As a result, Millard is sentenced to life without parole for 25 years — and not the 75 years he’d been given for the three killings.

His father’s slaying would be the playboy thrill-seeker’s second murder — but the first committed on his own. Millard had already killed ex-girlfriend Laura Babcock, 23, in July of that year with his best buddy Mark Smich and the diabolical pair would go on and murder stranger Tim Bosma, 32, during a test drive of the truck Bosma had posted for sale in May 2013.


It takes a cold-hearted animal to kill, let alone to shoot your own father up close: A pathologist testified the muzzle of the .32 calibre Smith and Wesson revolver would have been partially touching, or within one centimeter, of his sleeping dad’s left eye when it was fired in the bedroom of his Etobicoke home.

Millard almost got away with it, allowing him to go on to his third victim, after the coroner ruled the death of the 71-year-old was a suicide. It wasn’t until he was charged with the Bosma murder that investigators went back and re-examined his dad’s death. The gun used had Millard’s DNA on it and had been purchased by him in July, shortly before Babcock was slain.

In a rambling appeal, Millard claimed his conviction was based on the unreliable testimony of Marlena Meneses, Smich’s girlfriend at the time. He quoted passages from Justice Maureen Forestell’s decision where she acknowledged Meneses was using drugs and alcohol at the time and had lied in the past to the police.


But the judge also said she used cell phone tower data to confirm her evidence: that night, Millard left his truck, one of his phones and a credit card in Oakville for her and Smich to order pizza while he left, taking a second phone to order a taxi that took him to and from his father’s house on 5 Maple Gate Court — all to concoct a false alibi.

“To conclude that this constellation of circumstances — the false alibi, Dellen Millard near the Millard home and the use of Dellen Millard’s gun — occurred coincidentally on the day that Wayne Millard was killed would be ‘irrational and fanciful,’” the trial judge said in convicting him.

That conviction now stands. The court has reserved on his other two murder appeals, but Babcock is confident he’ll lose those as well. More concerning is his parole hearing that is likely now just 15 years away.

“This will be going on for the rest of our lives,” she sighed. “Our lives were destroyed and the Supreme Court is worried about the people who did it. It’s not fair.”

mmandel@postmedia.com
 

spaminator

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Convicted in jailhouse stabbing, Dellen Millard wants verdict set aside

Author of the article:Michele Mandel
Published Jun 08, 2023 • 3 minute read

The former rich kid’s toys used to be dune buggies, helicopters and airplanes; now he’s entertained by affidavits, endless motions and tying up court resources.


Even after being sentenced to life in prison for killing ex-girlfriend Laura Babcock, stranger Tim Bosma and his own father, serial killer Dellen Millard is still busy playing lawyer and playing the system.


It sure beats whiling away the hours in maximum security.

In the latest instalment, Millard appeared by video on Thursday in Napanee court, representing himself for what was supposed to be his sentencing hearing. He was convicted in March of assault causing bodily harm in the jailhouse stabbing of fellow inmate Sean Trites.

Instead, the pretend lawyer’s first order of business was applying for a mistrial — a request Ontario Court Justice Geoffrey Griffin quickly and good-humouredly rejected.

Undeterred, the former aviation heir — dressed in a blue polo with a full beard and long, thin ponytail — then asked to reopen his trial, insisting he now had fresh evidence: A glowingly supportive letter dated April 22 from the victim himself.


“Dellen brother,” it begins, “I truly believe they are biased against you. All the administration of justice crap is complete bulls—. They just proved it. You are innocent of assault, bro, because if you were there I would have bled out and died.”



Griffin went on to read aloud the rest of the letter from Trites, where he concludes that what happened to Millard was “unjust and wrong” and a “perfect example of how flawed the justice system is.”

Trites then signed off: “Best of luck, brother. Your boy Slick.”

How did Millard manage to get the endorsement of a man who nearly died? It’s hardly surprising. The thrill killer has made an infamous career of getting people to do what he wants — from his partner in crime and former wannabe rapper best friend Mark Smich to former girlfriend Christina Noudga, who he urged to get witnesses to change their testimony.


The only people he can’t seem to manipulate are judges and juries.


Millard’s latest legal foray came a few months after he appeared in Ontario’s highest court over several days to appeal his three murder convictions.

Along with Smich, Millard was convicted of first-degree murder in Babcock’s July 2012 slaying and cremation of her body in an incinerator he’d purchased to “barbecue” their victims.

Together, the pair were also found guilty of killing Bosma after the Ancaster dad took them on a test drive of his truck in May 2013. Millard alone was convicted of killing his wealthy dad Wayne Millard and making it look like a suicide in November 2012.

Dellen Millard represented himself on two of the three appeals, retaining a lawyer only for the Babcock case. He didn’t do so well. The judges panel quickly rejected his appeal for killing his father, but reserved on the other two.


Naturally, Millard said he plans to appeal to the Supreme Court.

He also wasn’t successful in defending himself in the Ontario Court of Justice. Just days before his big show before the Ontario Court of Appeal, Millard was convicted in the July 11, 2021, jailhouse stabbing with Griffin finding he pushed Trites into his attacker, co-accused Clayton Sumner, and prevented him from escaping the attack.

Trites was cut in the neck, shoulder and abdomen and required two surgeries. He reluctantly testified on Millard’s behalf to proclaim him innocent, but Griffin said the video evidence clearly showed the serial killer ensured Trites couldn’t get away.

Millard’s assault conviction will hardly help his plan to be moved out of maximum security. So now he’s trying to have the verdict set aside and reopen his trial. In addition to the victim’s letter, Millard submitted a hefty affidavit describing the altercation as a dog fight between food servers that he had no part in.

The Crown requested an adjournment to June 29 to look at this new “evidence” and so Millard’s legal games are set to continue for months to come.

mmandel@postmedia.com
 

spaminator

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Dellen Millard, Mark Smich convictions in Tim Bosma murder upheld
The Court of Appeal for Ontario agreed the trial judge properly addressed the relevant issues

Author of the article:Canadian Press
Canadian Press
Published Jun 14, 2023 • Last updated 1 day ago • 3 minute read

Multiple murderers Dellen Millard and Mark Smich had their convictions upheld on Wednesday for the killing of Tim Bosma, with Ontario’s top court ruling they had been treated fairly at trial.


The decision from the Court of Appeal for Ontario said the 2016 trial was hard-fought, lengthy and contentious, with both Millard and Smich raising cutthroat defences in the case about the killing of the 32-year-old father from Hamilton.


But the three-justice panel agreed the trial judge properly addressed the relevant issues.

“Accordingly, I would dismiss both Mr. Smich’s and Mr. Millard’s conviction appeals,” Justice Eileen Gillese wrote in the decision released Wednesday, endorsed by the other two justices on the panel.

It’s the second of three murder convictions to be upheld against Millard after the panel heard appeal arguments over consecutive hearings in March.

The panel quickly dismissed Millard’s appeal of his conviction for killing his father and the court is slated to release a decision on his and Smich’s appeal in the murder of Laura Babcock on Thursday.


The Bosma trial saw the two men try to blame the other for the May 2013 murder, framing it as a truck theft mission that unexpectedly turned deadly when Bosma — a stranger to them both —was shot.

Prosecutors, meanwhile, argued Millard and Smich jointly set out to murder Bosma and steal his truck, bringing evidence to suggest the men stripped the truck, hid the murder weapon and burned Bosma’s body in an incinerator stowed away behind Millard’s farm.

Millard, the heir to his father’s aviation business and who represented himself on appeal, claimed he was cast as the perfect villain in the trial. During the March appeal hearings, Millard suggested he was too meticulous to carry out a murder he described as careless and sloppy.


Smich, meanwhile, claimed the trial judge did not properly instruct the jury to separate the evidence against each co-accused, one of several alleged errors that contributed to what his lawyer Richard Litkowski called an “ambience of unfairness.”

Both argued the trial judge did not properly correct closing arguments presented by the prosecution and the others’ lawyer that exceeded the evidence.

But in the 51-paragraph decision, Justice Gillese disagreed. She wrote that there was “no unfairness as a result of the closing arguments” when considered in the context of the judge’s “clear, specific, and repeated instructions to the jury,” as well as the trial as a whole.

“This was a hard-fought, lengthy, and contentious trial where the co-accused mounted antagonistic defences. The trial judge addressed the co-accused’s multiple complaints about each other’s closing arguments in a fair and balanced manner,” Gillese wrote.


“He addressed the allegedly problematic aspects of the Crown’s closing firmly, clearly, and correctly.”

A notice on the appeal court’s website indicates the panel is set to release its decision Thursday on Smich’s and Millard’s appeals for the murder of Babcock, the 23-year-old who prosecutors theorized was killed by the two men to settle a love triangle between her, Millard and his then-girlfriend.

Litkowski, Smich’s lawyer, said in an email that once both decisions were released and reviewed in detail, he and his client would consider future options, “which include a potential application for leave to appeal” to the Supreme Court of Canada.

Babcock’s family has been critical of a recent Supreme Court decision striking down as unconstitutional stacked periods of parole ineligibility for multiple murder convictions.
 

Tecumsehsbones

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The Bosma trial saw the two men try to blame the other for the May 2013 murder, framing it as a truck theft mission that unexpectedly turned deadly when Bosma — a stranger to them both —was shot.
That makes 'em equally guilty. Don't matter which one pulled the trigger.
 

spaminator

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Court upholds Millard and Smich convictions in Laura Babcock murder
For Millard, the decision caps a trio of unsuccessful appeals

Author of the article:Canadian Press
Canadian Press
Published Jun 15, 2023 • Last updated 1 day ago • 4 minute read

Ontario’s top court upheld convictions against Dellen Millard and Mark Smich for killing a 23-year-old woman more than a decade ago, marking back-to-back appeals dismissed this week against the multiple murderers.


The appeal decision released Thursday in the murder case of Laura Babcock came a day after the Court of Appeal for Ontario upheld Millard’s and Smich’s convictions for the 2013 murder of Tim Bosma.


For Millard, the heir to an aviation fortune turned infamous murderer, the decision caps a trio of unsuccessful appeals after the three-justice appeal panel in March dismissed his attempt to overturn his conviction for murdering his father.

Babcock’s mother said Thursday’s decision was both a relief and a painful reminder of what cannot be undone.

“We are relieved, greatly,” Linda Babcock said in an interview. “Nothing really changes. She’s still gone every day. This is extremely emotional.”

Smich’s appeal lawyer, Richard Litkowski said the decisions in both the Babcock and Bosma cases deal with a number of substantive legal issues arising from “two very lengthy and complex trials.”


While the decisions were still being reviewed, Litkowski said in a statement it was “very likely that leave to appeal to the (Supreme Court off Canada) will be sought” by Smich.

It was not immediately clear whether Millard planned to seek leave to appeal to the Supreme Court and his lawyer did not immediately return a request for comment.

The 2017 trial for Babock’s murder saw prosecutors argue that Millard and Smich, once close friends, were motivated to kill Babcock to settle a love triangle between her, Millard and his then-girlfriend.

In the lead-up to Babcock’s disappearance in July 2012, Millard sent texts to his then-girlfriend telling her he would hurt Babcock and remove her from their lives. He would later acquire a gun and an incinerator, which prosecutors theorized he used to get rid of Babcock’s body, and then Bosma’s body almost a year later.


Phone records placed Babcock, Millard and Smich in the area of Millard’s house on July 3, 2012, the night she made her last outgoing call, to her own voicemail, before her disappearance. At trial, the court was presented with rap lyrics written and performed by Smich, which referred to a woman’s burned body and her phone being tossed in a lake.

Millard and Smich would murder again more than a year later, in May 2013. That’s when prosecutors say the two men set out to kill 32-year-old Bosma, a stranger to them both, and steal his truck. The jury at the 2016 trial heard evidence to suggest the men stripped the truck, hid the murder weapon and burned Bosma’s body.

The Bosma murder prompted police to reopen an investigation into the November 2012 death of Millard’s father, which was originally ruled a suicide. At trial, the judge found Millard purchased the gun that killed his father, was at the house the night of the murder, and had set up a false alibi to conceal the crime.


Millard developed a reputation for representing himself in court dating back to the Babcock trial. More recently, he represented himself in March when he appealed his conviction for killing Bosma and his own father, as well as in a recent trial where he was found guilty of an inmate prison assault.

His appeal in the Babcock case argued the judge denied his fair trial rights by denying him an adjournment, claiming he needed more time to find a lawyer. The appeal court dismissed the argument, noting the trial judge found Millard had the means to retain counsel and wanted to represent himself.

The appeal decision, written by Justice David Paciocco and endorsed by the other two justices on the panel, also dismissed Millard’s argument that Smich’s rap lyrics should not have been permitted as evidence against him. The appeal panel found there was ample circumstantial evidence to link Millard with the rap lyrics, including that he was with Smich when the lyrics were penned.


The decision dismissed a number of Smich’s arguments, including that the trial judge did not properly instruct the jury how to properly balance the cases against each co-accused. In particular, his lawyer argued the judge did not properly tell the jury how to determine Smich’s liability for murder, since much of the evidence against him related to his conduct after the fact.

The panel disagreed. The decision noted the trial judge repeatedly told the jury what was required to establish whether after-the-fact conduct was proof of guilt.

The decision added, “even lay jurors would quickly recognize that it would be absurd to convict someone of murder based on inferences that they may have acted unlawfully as an accessory after the fact.”

The panel did, however, accept one of Smich’s arguments. The court agreed the trial judge was wrong to direct jurors to determine the facts before applying the law. But the appeal panel said it did not amount to a reversible error in the circumstances of the case.
 

spaminator

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Dellen Millard sidekick Mark Smich latest CSC kid gloves killer

Author of the article:Brad Hunter
Published Jun 23, 2023 • Last updated 1 day ago • 3 minute read

Mark Smich was the weasely second banana to Dellen Millard.


Number two on the murder marquee, Garth to Millard’s Wayne, if you will.


But things have been looking up for Mark Smich who is now living his best life in a medium-security prison. He’s been there for two years now.

Those nice people at the Supreme Court of Canada have already torpedoed stacking sentences for multiple murders. It’s the same price for five homicides as it is for one.


Hey, you say … this Smich thing sounds familiar. Didn’t they just move Canada’s most notorious killer, Paul Bernardo to medium security? Why yes, yes they did!

For a refresher here’s what Smich and Millard did: In July 2012, they murdered rich kid Millard’s ex-girlfriend, Laura Babcock. Her body has never been found.

Ten months later using the guise of taking Hamilton-area dad Tim Bosma’s truck for a test drive, they murdered him as well. Both were found guilty of first-degree murder in trials in 2016 and 2017.


Ontario’s highest court scuttled their appeals last week.

So what kind of hard time did Smich do? Three, four, five years?

And once more, the Correctional Service of Canada tried to keep things “our little secret.” Like Bernardo and countless others.

Their view is that we “can’t handle the truth”. Agreed. It is getting tougher to swallow.

“Does anyone really think that someone who has killed several people and never expressed any remorse is going to be a new person after their sentence?” Laura Babcock’s mom Linda told The Canadian Press.

“Why should you kill two people, write a song about it and then be in a more comfortable location – come on.”

Excellent question!

Of course, Smich’s cool friend Millard is on ice in maximum security Millhaven, alongside a multitude of this country’s most sadistic killers.


According to CP, Smich got his lucky ticket in May 2021 when he was sent to cozier Beaver Creek Institution in Muskoka.


Linda Babcock told the wire service that while the families were informed, they weren’t given the rationale for the move. Now, they want the move reviewed as the feds are doing now with Bernardo.

“The thinking at CSC isn’t punishment, it’s strictly rehabilitation … victims are not part of the equation,” one defence lawyer told me, asking not to be named.

“And you can say, ‘sure, OK’ most of the time. But when you’re getting into Bernardo, and guys like Millard and Smich it just looks unbelievably callous and incompetent.”

Crime is increasingly becoming a worry for Canadians. Statistics will be trotted out and twisted to prove one point or the other.


Doesn’t matter. Canadians are feeling less safe and the majority believe bureaucrats and politicians don’t take violent crime seriously.

Linda Babcock has written Public Safety Minister Marco Mendicino.

She asked: “Could you please explain to my family and the family of his other victim, Tim Bosma, why this person who murdered our children should not be in a maximum-security prison?”

The families have not heard back. CSC? Er, um, uh … privacy!

She added to CP: “The powers that be are so worried about the prisoner’s rights and comfort, but we wake up every day without our daughter, they denied her life.”

When I think of Ottawa/academia’s criminal justice group-think on these matters I’m often reminded of a quasi-religious Battlestar Galactica mantra, the space opera’s equivilent to “Amen”.

You can see the bland bureaucrats and their political masters springing this country’s most reviled, imbued with righteousness and chanting: “So say we all”.

bhunter@postmedia.com

@HunterTOSun
 

spaminator

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Victims' families outraged over killer Smich's move to medium-security prison
Author of the article:Canadian Press
Canadian Press
Liam Casey
Published Jun 22, 2023 • 4 minute read

The families of two people killed by an Ontario man are demanding answers from the federal government after the multiple murderer was moved to a medium-security prison.


They say Mark Smich should be serving his life sentences in a maximum-security prison.


While Smich was moved two years ago, the families say they are speaking out now after recent national outrage over a similar transfer of serial killer Paul Bernardo. That transfer is under review, and the families of Smich’s victims are calling for similar scrutiny of Smich’s file.

“Does anyone really think that someone who has killed several people and never expressed any remorse is going to be a new person after their sentence?” Linda Babcock, the mother of one of Smich’s victims, told The Canadian Press.

“Why should you kill two people, write a song about it and then be in a more comfortable location — come on.”

Smich, along with his friend Dellen Millard, killed 23-year-old Laura Babcock — Millard’s former flame — in July 2012. The pair went on to kill a stranger, Hamilton’s Tim Bosma, 32, after taking him and his truck for a test drive 10 months later.


In 2016, a jury found both guilty of first-degree murder in the death of Bosma. In 2017, another jury found the pair guilty of first-degree murder for the death of Babcock, whose body has never been found.

Last week, Ontario’s highest court dismissed the killers’ appeals on both murders. They are currently serving two life sentences each.

The pair were originally sent to Millhaven Institution in Bath, Ont., a maximum-security prison outside Kingston, Ont., that houses some of Canada’s most notorious criminals.


In May of 2021, five years after his first conviction, Smich was transferred to Beaver Creek Institution, a medium-security prison in Gravenhurst, Ont., before briefly moving to another medium-security prison and then back to Beaver Creek.


The families got notification of Smich’s move, but not an explanation, said Linda Babcock, Laura Babcock’s mother.

While the fact Smich is in medium security has weighed on the Babcocks and Bosmas for a while, the families say the national furor over Bernardo’s transfer prompted them to speak out.

Bernardo’s move from maximum security to a medium-security prison in Quebec triggered cross-country anger and even calls for the resignation of the public safety minister in recent weeks.

Linda Babcock, speaking on behalf of her family and the Bosmas, said Smich’s transfer deserves a review too.

On Monday, she wrote to Public Safety Minister Marco Mendicino to make her case.

“Could you please explain to my family and the family of his other victim, Tim Bosma, why this person who murdered our children should not be in a maximum-security prison?” she wrote.


The families have not heard back from the minister, she said.


Mendicino’s office said he plans to issue a directive to ensure the public safety minister is personally informed when a high-profile inmate is to be transferred and that the correctional service notifies victims in advance of such decisions being made.

“Our thoughts are with all victims, and their families and friends during these difficult moments,” Mendicino’s office wrote in a statement.

“Minister Mendicino will be issuing a ministerial directive to the Correctional Service of Canada requiring that they put victims at the centre of their approach and process when it comes to transfers.”

Mendicino was not the minister at the time of Smich’s move — it was Bill Blair, now emergency preparedness minister.


Correctional Service Canada declined to comment on Smich’s transfer, citing privacy rights, which Babcock took issue with.

“The powers that be are so worried about the prisoner’s rights and comfort, but we wake up every day without our daughter, they denied her life,” she said.

Smich’s lawyer, Richard Litkowski, also declined to comment on his client’s location or the conditions under which he is incarcerated.

But he did say, speaking generally, “that it is disappointing for elected officials to be commenting on a specific decision of the CSC.”

“(Correctional Service Canada) is a body that is guided by a set of detailed statutory and regulatory criteria. Uninformed criticism of these decisions for what I can only guess is some perceived political advantage is to be lamented, not applauded,” he said.

The Babcocks and Bosmas have the support of Ontario Premier Doug Ford.

“I am totally disgusted to hear that one of the murderers of Laura Babcock and Tim Bosma has been moved to a medium-security prison,” Ford said this week.

“This is a disturbing pattern within the federal prison system that needs to be addressed. The offenders of heinous, violent crimes should remain in maximum-security prisons where they belong. We owe it to their victims and their families.”
 

harrylee

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WTF is the matter with Corrections Canada? Do they do this shit on purpose just to cause grief for innocent people? Some heads need to roll.