Convicted murderer denied late faint hope application bid
Justice David Labrenz ruled bad legal advice from a non-state lawyer doesn't breach Charter rights, blocking Phuc Nguyen's out-of-window parole review.
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Phuc Nguyen, convicted of first-degree murder in the 2006 death of Benny Nguyen, cannot file a late application for a faint hope review after missing his legal window, Calgary Court of King's Bench Justice David Labrenz ruled Thursday.
Nguyen blamed bad legal advice for the miss. His lawyer incorrectly told him his eligibility date was in 2023, when it was actually October 3, 2021 — exactly 15 years from his arrest.
Labrenz found that because the faulty advice came from a non-state agent (his lawyer), not a government body, it did not amount to a breach of Nguyen's Charter rights. Under the Criminal Code, murderers still eligible for faint hope applications have 90 days from the 15th anniversary of incarceration to file.
Nguyen's defence lawyer had argued that Correctional Service Canada bore responsibility for ensuring the inmate knew his deadline. The Crown disagreed, saying CSC wasn't the cause of Nguyen's failure to file.
Labrenz also found Nguyen's testimony "unreliable," and noted the inmate had declined an offer to adjourn and expand his application to argue ineffective counsel.
Nguyen, serving life with no parole eligibility for 25 years, will be entitled to commence a judicial application for a jury hearing on January 3, 2027 — nearly five years after his first window closed. He must do so within 90 days of that date.