Woman convicted of murdering flea market vendor gets faint hope hearing

Tosha Hubler, serving a life sentence for the first-degree murder of Calgary senior Ray Johnson, has been granted a faint hope hearing, allowing her to ask a jury to reduce the number of years she must spend behind bars before seeking full parole.

Justice David Labrenz ruled Monday that Hubler met the test of establishing "a substantial likelihood that her application will succeed," though he noted his decision "does not predetermine the outcome before a jury."

Hubler, 46, was sentenced to an automatic life sentence without parole eligibility for a minimum 25 years after the January 30, 2009, killing. Johnson, 77, was bludgeoned to death by Hubler's husband, Jason, after the couple lured him to their Bridgeland home to steal his truck. Hubler has already spent more than 17 years behind bars.

The faint hope clause, a since-abolished section of the Criminal Code that applied to crimes committed before December 2, 2011, allows killers to seek a reduction in parole ineligibility of more than 15 years.

Hubler and her husband had met Johnson at the Hillhurst Sunnyside flea market, where he was a regular vendor for 15 years. She invited him into their home and directed him to the living room where her husband waited with a weapon.

Labrenz noted Hubler "played a significant role in the planning and execution of the offence." A date for Hubler's hearing before a jury will be set July 2.