Murder While Black : Exemption

"As I have indicated, Mr. Downey has a substantial criminal record involving violence and firearms. I recognize, however, that the aggravating effect of his criminal record is offset in part by the mitigating circumstances of his background, as detailed in the IRCA."

"He grew up in Toronto in predominantly Black and racially diverse neighbourhoods and attended racially diverse schools, and felt that he did not experience overt racism."

"Mr. Downey explained to Dr. Duhaney that his experience living in communities which normalized racial diversity shaped his early sense of identity and belonging."

British Columbia Supreme Court Associate Chief Justice Heather Holmes 

Downey's lawyers unsuccessfully argued he should be found not criminally responsible on account of a mental disorder. (Shane MacKichan)

 

Impact of Race and Culture Assessments (IRCAs) are a construct for court use in Canada to "Help criminal justice professionals better understand the effects of poverty, marginalization, racism, and social exclusion on Black and racialized offenders and their experiences", according to the Canadian Department of Justice. They are a counterpart to the more well-known Gladue reports used to lighten sentences for Indigenous offenders. And both appear to be beloved by Canada's justice system, where in meting out punishment for grave crimes, lighter sentences always prevail for these categories of criminal offenders.

 

In the latest case to gain some notoriety in news reportage, 35-year-old Everton Javaun Downey, a known criminal, stabbed his girlfriend, 15 times on December 19, 2021, fleeing the scene of the carnage, then later turning himself in to police. He was convicted of second-degree murder for taking the life of 25-year-old Melissa Blimkie for reasons known only to himself. Sentenced to life in prison, Crown prosecutors sought no chance for parole for 15 years, while the presiding Justice Holmes decided on 12 years; a discount for the man because he is Black.

 

"[While Downey had] a significant criminal record that includes serious offences of violence, the IRCA submission made] clear that broader systemic, structural, and community factors relating to Mr. Downey's experience as a Black person have played a part in his life experience, bringing various types of trauma, negative peer influences, and mental health challenges."

"[Under] mitigating circumstances [in the IRCA report] early exposure to violence, chronic instability, poverty, systemic anti-Black racism, and untreated mental health symptoms, such as hypervigilance, that may be trauma related."

"The aggravating effect of his criminal record is offset in part by the mitigating circumstances of his background, as detailed in the IRCA."

Justice Heather Holmes 

University of Calgary social work professor Patrina Duhaney wrote up Downey's case for the IRCA through interviews with the man, prior to  his sentencing. She described him as a Black man of African Nova Scotian, African-American and Jamaican ancestry, noting that in his early life he did not experience 'overt racism'. After moving in 2016 to British Columbia he drifted about in a small Black population with cultural norms he was unfamiliar with, leading to feelings of disconnect and isolation, summed up Justice Holmes, studying the IRCA. 

 

He was familiar with poverty in his early background, a background that included an absent father. At home there had been domestic violence.  The neighbourhood he lived in as a developing child was one that was no stranger to shootings. Leading to a 'lasting sense of danger and mistrust', with mental health effects gained from  previous prison incarcerations and feelings of lonely pique over his separation from the comforting familiarity of his Ontario community.

 

Taking into account the bleak reality of a beloved family member, the friends and family of the murdered woman whom he killed in a stairwell at the Metrotown Shopping Centre in Burnaby, whose grief at her loss must surely have been given fresh impetus with the news that her killer was given a special dispensation of mercy in view of the colour of his skin. While B.C. Supreme Court Associate Chief Justice Holmes had compassion for a life-criminal-turned-murderer, and she spoke softly of the pain the family was left in, she still gave the man a three-year free pass to freedom. Betrayed by Canadian justice.

 

Murder victim Melissa Blimkie. Photo by Handout/IHIT

"The victims have suffered an almost unbearable loss that affects them profoundly, and, for some, in almost every aspect of their lives."

"The family members feel the loss all the more deeply because they had no opportunity to say goodbye to Ms. Blimkie or to give her comfort in her final moments."

"They also feel betrayed by Mr. Downey, who they welcomed into their homes."

Justice Heather Holmes  

"Following several weeks of investigation, the Integrated Homicide Investigation Team (IHIT) attained sufficient evidence for charges.  On January 19, 2022, the BC Prosecution Service approved a charge of second-degree degree murder against 31-year-old Everton Downey. The two had been in a relationship for some time prior to the homicide."

"On August 21, 2025, Everton Downey was found guilty of second-degree murder after a trial in Supreme Court in relation to the homicide of Melissa Blimkie. On February 13, 2026, Mr. Downey, now 35 years old, was sentenced by Associate Chief Justice Holmes to life in prison, with a parole ineligibility period of 12 years. The court also imposed a lifetime firearms prohibition and a DNA order." 

“This was a tragic instance of intimate partner violence that has had a devastating impact on Melissa’s family and her community”, says IHIT spokesperson Corporal Esther Tupper. “IHIT would like to thank the Burnaby RCMP, the BC Coroners Service, and the BC Prosecution Service for their work throughout this investigation. Our thoughts are with Melissa’s family and friends at this time.” 

B.C. Integrated Homicide Investigation Team 

Canadian Justice for Criminal Acts Perpetrated by Indigenous People

"The offender repeatedly had sexual intercourse with her knowing that he held the power in the situation not only because of their age difference but also because he had inflicted physical harm on her and psychological terror to ensure that she would comply."

"But for his Gladue factors [leniency in sentences for those with Aboriginal backgrounds], I would have imposed the sentence sought by the Crown." 

"The offender's life has been directly influenced by many of the Gladue factors. He has existed for extended periods of time in his life in a state of severe poverty over homelessness, he is under-educated, he has struggled with severe addiction issues and as a child was taken from his family and placed in a foster care system where he was sexually abused and separated from his siblings."

"The racism he faced in his own family and in the outside world, no doubt impacted his views as to how others should be treated." 

Justice Jayne Williams 

A Calgary courthouse. Photo by Jeff McIntosh/The Canadian Press

 

This Calgary judge, in her legal wisdom delivering justice saw fit to take two years from a  ten-year sentence given a man who repeatedly sexually assaulted a girl who was 12 years old when they met, while he was 25. He terrorized the girl into submission, yet because the man has an Indigenous background, of Cree heritage, he is deemed to qualify for a reduced sentence under Canadian law. Known to the court as RJM, the man met the young girl on  the social media site Instagram. 

 

He assaulted and threatened to kill his victim on many occasions in a period of time between spring and the fall of 2023. Before RJM was arrested in September 2023, he had led police on a wild vehicular chase. He had threatened the  girl and her mother even when he was securely locked into a prison cell. His lawyer saw fit to argue for a six-year sentence for her client, while the Crown recommended a ten-year prison term.

 

In Canadian law, the Supreme Court of Canada set out the Gladue principles requiring sentencing judges to consider what is called the 'unique circumstances' of criminal offenders with Indigenous backgrounds. This was meant to address the over-representation in Canada's courts and prisons of Indigenous people. The decision for reduced sentence was made despite that the court was aware of the gravity of the treatment the young girl was exposed to.

 

The girl was sexually assaulted multiple times, dragged by her hair, punched in the face. "On another occasion he drove her out of the city and left her on the side of the road to walk back. He eventually returned for her." He threatened to kill the girl's mother and her cat, "specifically telling A.B. she was a 'dead slut' and that her mother A.C. was 'going to get hit too'. He would put a bullet in her head, and there was a bomb to total A.B.'s mother's car." Indeed, a makeshift nail bomb was placed under A.C.'s car. She ran over it and it exploded.   

"He took no steps to substantiate her age initially, but on [Sept. 2, 3030] the offender took a photograph of A.B.'s passwords and accessed her Calgary Board of Education account. It was on this date that he learned she  was 13."

"They began to argue about infidelity. He brandished a knife pointing it at A.B. and telling her he was going to kill her He also searched her phone confirming she was not cheating."

"[Once he learned her true age, RJM] confronted her via  text message, about lying. His texts divulge his awareness that her actual age resulted in 'a whole new level of consequences'." 

"[He made a] conscious decision to continue the relationship despite his receipt of this new information. He speaks to A.B. in possessive terms stating, 'better or worse you belong to me', 'that p--sy is mine and that bulls--t sexy little attitude', 'delete every message I ever send to you at the end of the night'."

Justice Jayne Williams  

Soon after RJM and the girl met online, they agreed to meet in person. "Between this first meeting and his arrest in September they met almost every second day" and regularly had sexual intercourse. A.B. informed the man that she was 16 year of age. He admitted to the court that he was violent with her while the girl was still 12 years old, while they drove about in his car. After he learned her true age his texts "include a mix of disbelief that she is so young and a decision to sexually make the most of her age. There is a progression detailed in the [agreed statement of facts] from him being disturbed by her age to him being aroused by it".

 

Calgary police were called by one of the girl's friends, "as a result of aggressive text messages the offender sent to A.B. while her friend was present. These texts included the offender calling A.B. a 'f--king rat', f--king piece of s--t, and 'f-king whore'. He threatened to shoot up and burn down her mother's home and that of her friend. He threatened to kill her mother and her friend, sending a video of himself holding a blowtorch and a video showing he was outside A.B.'s mother's residence." When police located him, he turned and fled. 

 

When police searched his backpack during the arrest they found a manilla folder. "The folder had 'BOOM FOLDER' written on the front and 'Munitions Supply Folder, Burials, Advanced Techniques' written on its back. Documents found inside the folder held details for explosives production, modified ammunition, improvised firearms, and techniques on properly digging a grave." A butane torch, rifle cleaning kit, hatchet, pickaxe, sledgehammer and knife were found on a further search of RJM's car.

 

A Calgary police cruiser is pictured. Postmedia file

"The texts begin with the following sentiments; 'I'm in shock', 'I'm seriously disturbed right now like feel really scared', 'I can get labelled after a pedophile' and progress to 'I might as well earn these potential life-changing charges'." 

"[RJM] was involved in a sexual relationship with a teenager for over three months. He was aware she was 13 for ten days. His conduct was intentional over the course of that ten days and the sexual acts were continual."

"This was not a temporary lapse of judgment on his part. In fact, his arousal having learned that A.B. was 13 resulted in the sexual acts becoming more egregious over the course of that ten days."

Justice Jayne Williams