A Calgary woman convicted of murdering an elderly flea market vendor has been granted the opportunity to seek a reduction in her parole ineligibility period. Justice David Labrenz of the Calgary Court of King's Bench ruled Monday that Tosha Hubler can proceed with a so-called faint hope hearing before a jury, though he emphasized the decision does not predetermine the outcome.
Background of the Case
Hubler, 46, is serving a life sentence for the first-degree murder of Ray (Rino) Johnson, a 77-year-old senior who was bludgeoned to death in January 2009. Johnson, a regular vendor at the Hillhurst Sunnyside flea market for 15 years, was lured to Hubler's Bridgeland home under the pretense of purchasing tools advertised online. Once inside, Hubler directed him to the living room, where her then-husband, Jason Hubler, attacked him with a weapon. The victim's body was later discovered in a box near railroad tracks.
Hubler was sentenced to an automatic life sentence with no parole eligibility for 25 years. However, a now-repealed section of the Criminal Code, known as the faint hope clause, allows offenders whose crimes occurred before December 2, 2011, to apply for a reduction in parole ineligibility if it exceeds 15 years. Hubler has already served more than 17 years in custody.
The Faint Hope Hearing
Defense counsel Andrew Wood argued that Hubler met the legal threshold for a faint hope hearing, demonstrating a substantial likelihood of success. Crown prosecutor Carla MacPhail conceded that Hubler had satisfied the low bar for advancing her application, noting her completion of multiple rehabilitation programs within the penitentiary system at more than a superficial level. MacPhail stated, “It didn’t come across as someone who was ticking off boxes.”
However, MacPhail cautioned that the test for granting a faint hope hearing is distinct from the jury's eventual decision. Jurors will weigh factors including Hubler's current character and the circumstances of the crime, which the Alberta Court of Appeal described as deeply disturbing. The Crown is expected to take a different position before the jury, arguing against a reduction in parole ineligibility.
Key Factors for the Jury
Justice Labrenz noted that the jury must consider Hubler's rehabilitation progress alongside the brutal nature of the offense. The Alberta Court of Appeal previously highlighted Hubler's significant role in planning and executing the murder. Hubler's former husband, Jason Hubler, died in federal custody in February 2026 at Beaver Creek Institution in Gravenhurst, Ontario, before he could pursue a similar hearing.
A date for Hubler's jury hearing will be set on July 2, 2026. Until then, she remains incarcerated while her legal team prepares to argue for a reduced parole eligibility period.
