The Court of Appeal for Ontario has unanimously confirmed the life sentences for Christopher Husbands, who killed two people and injured several others in a shooting rampage at the Eaton Centre mall in 2012.
A tragic day at the mall
On June 2, 2012, Husbands opened fire at the crowded food court of the Eaton Centre, a popular shopping destination in downtown Toronto. He fired 14 bullets, killing Ahmed Hassan and Nixon Nirmalendran, and wounding six others, including a 13-year-old boy who was shot in the head. The shooting sparked panic and chaos among the shoppers and bystanders, who fled the scene or sought cover.
Husbands was arrested shortly after the shooting and admitted to being the shooter. He claimed he acted in self-defence, as he recognized some of the men in the group he targeted as the ones who had stabbed him months earlier. He also said he suffered from post-traumatic stress disorder (PTSD) and was in a dissociative state at the time of the shooting.
A long legal battle
Husbands was initially found guilty of two counts of second-degree murder and five counts of aggravated assault in 2015, and sentenced to life imprisonment with no chance of parole for 30 years. However, he successfully appealed his conviction, arguing that the jury selection process was unfair and violated his rights. The Ontario Court of Appeal ordered a new trial in 2017.
In his second trial, which began in 2019, Husbands pleaded not guilty to two counts of first-degree murder, but guilty to two counts of manslaughter. His lawyers argued that he should be found not criminally responsible due to his mental state and the effects of PTSD. The Crown rejected his plea and maintained that he acted with intent and vengeance.
The jury deliberated for six days and found Husbands guilty of two counts of manslaughter and several other charges, including aggravated assault, criminal negligence causing bodily harm, and reckless discharge of a firearm. He was sentenced to life imprisonment with no chance of parole for seven years.
A final decision
Husbands appealed his sentences, claiming they were harsh and excessive, and that the trial judge failed to consider his social context as a Black man who faced racism, violence, and trauma. He also argued that the judge erred in instructing the jury on the law of self-defence and provocation.
The Court of Appeal for Ontario dismissed his appeal on February 28, 2024, in a unanimous decision written by Justice David Doherty. The court found that the sentences were fit and proportionate, and that the trial judge properly applied the legal framework for sentencing and jury instructions. The court also noted that Husbands had shown no remorse for his actions, and that his shooting spree had a devastating impact on the victims and their families, as well as the public.
The court concluded that there was “no basis for interfering” with the sentences, and that they reflected “the gravity of the offences and the moral blameworthiness of the offender”.
