Appeal in Alberta triple murder sentence delayed until Supreme Court weighs other case
Alberta’s top court has agreed to hear a sentence appeal of a man convicted of killing three people but a hearing date has been delayed indefinitely.
Derek Saretzky was found guilty of first-degree murder in the 2015 deaths of Terry Blachette, the man’s two-year-old daughter, Hailey Dunbar-Blanchette, and Hanne Meketech.
He was sentenced to life with no chance at parole for 75 years.
His lawyer, Balfour Der, asked the Alberta Court of Appeal for permission to challenge the constitutionality of consecutive parole ineligibility periods.
"This was not raised by his lawyer at the time of sentencing but I feel it's very important for him to have this issue considered by the Court of Appeal whether it's even legal to have these consecutive periods of parole ineligibility," Der said in an interview with CTV Lethbridge.
With his current sentencing, Der says Saretzky will be 97 years old by the time he is eligible for parole.
"A 75 year period of time that he has to wait before even being able to ask for parole is too long," he said.
"It will, in essence, be a life sentence … A whole life sentence."
Der suggested that even people who commit the most unimaginable crimes, such as these 2015 murders, can change while in prison and over time.
Terry and Hailey Dunbar-Blanchette are seen in an undated family photo.
"It's going to be at least 25 years, and I agree with that. It's at least 25 years before he could ever see the light of day outside a jail, but we don't know what he's going to be like in 25 years."
The Appeal Court says it will hear the appeal, but only after the Supreme Court decides on the case of Alexandre Bissonnette.
Bissonnette killed six people at a Quebec City mosque in 2017 and was sentenced to life without parole for 40 years but it was later changed on appeal to 25 years.
The Quebec Court of Appeal ruled that the cumulative sentencing provision is unconstitutional.
Crown prosecutor Christine Rideout told Alberta’s Appeal Court on Tuesday that the province will be appearing as an intervenor in the Bissonnette case at the Supreme Court, as there are cases in the province that have similarities.
But she said Saretzky’s sentence appeal should have been sought long ago.
"There’s nothing additional that Mr. Saretzky can add to that appeal in terms of original argument or original analysis. He should not have taken nearly three years to have his conviction appeal heard," she told the court.
Derek Saretzky is charged with the murder of 69-year-old Hanne Meketech of Coleman, Alta.
Saretzky had earlier appealed his three murder convictions then abandoned all but one.
The Appeal Court heard his appeal in the murder of 69-year-old Meketech but dismissed it.
Court heard Saretzky was “an aspiring serial killer” at the time of the attacks. He had few close friends and possessed numerous books on serial killers and serial killings.
Der said his client still deserves to be heard.
"The other overarching feature here is fairness to Mr. Saretzky," said Der.
"I honestly have no idea why the constitutional challenge was not made by his counsel to the trial judge."
Justice Peter Martin said it’s an unusual case and he and his fellow judges decided to allow the appeal after Bissonnette’s case is settled.
"We will allow the application and allow Mr. Saretzky to raise these arguments ... however, we will adjourn the matter and entertain the argument once the Supreme Court of Canada has spoken in Bissonnette in the appeal before it now."
This report by The Canadian Press was first published Oct. 26, 2021
With files from CTV Lethbridge's Sean Marks
CTVNews.ca Top Stories
Trend Line Anger, pessimism towards federal government reach six-year high: Nanos survey
Most Canadians in March reported feeling angry or pessimistic towards the federal government than at any point in the last six years, according to a survey by Nanos Research.
BREAKING 14 suspects arrested in grandparent scam targeting seniors across Canada: Ontario police
An interprovincial investigation into a 'grandparents scam' that targeted seniors across Canada has led to the arrest of 14 suspects, Ontario Provincial Police say.
B.C. child killer's lawyer walks out of review hearing
The lawyer representing child-killer Allan Schoenborn walked out of his client's annual review hearing Wednesday – abruptly ending proceedings marked by tense exchanges and several outbursts.
How to avoid the trap of becoming 'house poor'
The journey to home ownership can be exciting, but personal finance columnist Christopher Liew warns about the trappings of becoming 'house poor' -- where an overwhelming portion of your income is devoured by housing costs. Liew offers some practical strategies to maintain better financial health while owning a home.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.
Juror dismissed in Trump hush money trial as prosecutors ask for former president to face contempt
Prosecutors in the hush money trial of Donald Trump asked Thursday for the former president to be held in contempt and fined because of seven social media posts that they said violated a judge's gag order barring him from attacking witnesses.
Why drivers in Ontario, Quebec and Atlantic Canada will see a gas price spike, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
It's the biggest election in history. Here's why few Indians in Canada will take part
In the Indian general election that gets underway on Friday, almost a billion people are eligible to vote, but a vast majority of the overseas Indian community in Canada won't be casting a ballot.
McDonald's customers left with 'zero value' collection of free hot drink stickers after company ends program
It took years for Vinnie Deluca to collect more than 400 cards worth of free McDonald's McCafe coffee, a collection that now has "zero value" after the company discontinued the program.