Indigenous Sentencing Reports

"[Dennis] inflicted the worst form of violence on an Indigenous woman and young man and tore apart an Indigenous family."

"Mr. Dennis's wife and son should have been safe in their home and protected by Mr. Dennis as a husband and father."

"Instead, he put them to a violent death. The devastation from his actions goes far beyond that. He deprived his children of a mother and a brother."

"He deprived Dorian's partner of a husband and their son of a father." 

Justice Simon Coval, British Columbia Supreme Court

File photo of Tsay Keh Dene First Nation courtesy of Wikipedia

 

A member of the Tsay Keh Dene First Nation, comprised of around 235 members, Orlan Marcel Dennis in 2024 shot his wife and teenage son to death. His sentencing hearing took place recently, after the man's personal history had been studied through a mandatory Indigenous Sentencing report. Dennis's wife and daughters had suffered years of violent assaults from the husband and father who was doubly addicted -- both to alcohol and to drugs. When the reviews were complete and presented to the court, they influenced the sitting justice to the extent that he was convinced the double murderer's sentence could be adjusted in his favour.

 

The sentence was for a ten-year incarceration, and it was adjusted to enable Orlan Marcel Dennis to apply for early parole prior to completion of his already-lenient-for-the-crime prison sentence. Judge Coval had made use of an Indigenous sentencing report in arriving at his sentencing decision. He read in the report that Dennis claimed to have been sexually assaulted by a member of his Indigenous reserve as a youngster. At age seven he was placed in foster care. One of his brothers had died violently; his sister and cousin from drug overdoses.

 

In its decision-making over the gruesome details of the double murder, the court relied on "the connection between Mr. Dennis's crimes and the Indigenous sentencing factors present in his upbringing", while looking to spare the family of the afflicted the additional emotional strain of a trial, making note of a submission by both the Crown and defence that one of Dennis's sons "need not testify about the horrific events which he witnessed" in the family home during his father's psychotic act of double murder.

 

The courthouse in Prince George, B.C. where an Indigenous man was only sentenced to the minimum for second-degree murder despite the 'horrific' murder of his wife and son. (Photo credit: Government of B.C.)

 

"[Both Denis's parents were residential school survivors and he] grew up poor in a remote environment of violence and drug and alcohol abuse."

Justice Simon Coval 

Initially admitting that he killed his wife and son, pleading guilty to two counts of second-degree murder in 2024, he attempted to withdraw that plea, arguing the defence of intoxication in an effort to disown intent required for a murder conviction. That attempt was lost before the B.C. Supreme Court. The original plea carries a minimum 10 years' sentence before parole application can be entertained. The judge and Crown attorney noted at the sentencing that it "is materially below the normal range for cases with such extreme circumstances as this". 

 

Several family members had assembled at the Dennis home for dinner on April 9, 2024 when Orlan and his brother Tony began arguing. Orlan left the house, later to return, when he and Darlene began arguing, and he accused her of having relations with another man. He retrieved a .22-calibre rifle from their bedroom gun safe, returned to the living room and shot his wife directly in her face. Dorian, downstairs, heard the gunshot, and Orlan shot his son as he came up the stairs.

 

Burnaby House.com

 

Marshall, another son, exited his bedroom and saw Dorian covered in blood at the bottom of the stairs. Helping Dorian to the stairs leading to the basement back door, and finding it wouldn't open, he left his brother, escaped through his bedroom window and ran to his grandmother's house across the street to call police. Orlan, meanwhile left his house and approached his mother's house with the gun and when police arrived they found him on the steps and informed him he was under arrest, drop the gun, but he refused.   

"He was waving the rifle frantically, trying to get inside [his mother's home]. He was swearing and clearly intoxicated, slurring his words and staggering."

"He told the crisis negotiator that he had killed his wife and son. He said they were planning to kill him, and that his wife was cheating on him."

"He said he did not mean to do that to his son, but Dorian came up on him too fast and by the time he realized it was him, it was too late." 

Sentencing decision facts  

When Orlan was permitted to enter his mother's home, one police officer on guard, others went to the Dennis home where Darlene and Dorian's bodies lay. A standoff ensued between Orlan and police for several hours until an RCMP crisis negotiator called the house and Orlan responded. Eventually police forced Orlan out with tear gas, and as he emerged with the loaded rifle, police shot him in the hip and arm, and arrested the man.

 

Although Judge Coval made note of the fact that Dennis had a lengthy criminal record that included convictions for multiple assaults against his wife and daughters, he took into account the sentencing report that made mention of depression, anxiety and possible fetal alcohol spectrum disorder. Also noted were family deaths and a support group closing during OVID-19. "As a result of all, [Dennis] stopped working and turned to drugs". And that was good enough for the judge, as he 'adjusted' the severity of the sentence. 

 

In a sentencing decision made public this week, a B.C. Supreme Court sentenced a Tsay Keh Dene man to 'life in prison' after he pleaded guilty to killing his wife and son in April 2024. (Peter Scobie/CBC)