Convicted Calgary murderer Phuc Nguyen missed his window to seek a faint hope application due to bad legal advice, but a judge ruled that does not violate his Charter rights. Justice David Labrenz denied Nguyen's request to file outside the Criminal Code period.
Background of the Case
Nguyen was convicted of first-degree murder in the 2006 death of Benny Nguyen, no relation. He is serving a life sentence with no parole eligibility for 25 years. Under the Criminal Code, murderers still entitled to faint hope applications—abolished in 2011—have 90 days from the 15th anniversary of incarceration to start the judicial process.
Testimony and Arguments
Nguyen testified that correctional officials initially told him his eligibility date was Oct. 3, 2021, 15 years after his arrest. However, after applying for Legal Aid, he was assigned a lawyer who incorrectly said his eligibility was in 2023. Defence lawyer Alexandra Seaman argued that Correctional Service Canada (CSC) failed to ensure Nguyen knew the correct deadline, breaching his Charter rights.
Crown prosecutor Carla MacPhail countered that CSC did not cause Nguyen's failure to file. She stated that for a Charter breach, the harm must be caused by a state agent. Justice Labrenz agreed, noting that bad legal advice from a non-state agent does not amount to a state action or inaction.
Court's Findings
Labrenz found Nguyen's testimony and affidavit contained unreliable information. He also noted that Nguyen declined an opportunity to adjourn and argue ineffective counsel. The judge ruled that the difficulties Nguyen faced did not arise from state action.
Nguyen's next opportunity to file a faint hope application begins Jan. 3, 2027, with a 90-day window.
