The brutal killing of Calgary man Chad Kowalchuk, who was hog tied and fatally beaten in his home, has left his family devastated, court heard Monday. Read More
Noteworthy legal cases in Calgary and area from June 30 to July 4, 2025
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Noteworthy legal cases in Calgary and area from June 30 to July 4, 2025
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The brutal killing of Calgary man Chad Kowalchuk, who was hog tied and fatally beaten in his home, has left his family devastated, court heard Monday.
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In victim impact statements provided by relatives and friends of the deceased, Justice Lisa Silver heard how his killing during a robbery at his Douglasdale home has turned their lives upside down.
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“My family and I are victims of a savage crime,” said Kowalchuk’s younger sister, Kristie Nesbitt, in a statement read in court by Crown prosecutor Rebecca Ross.
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Nesbitt spoke of the callousness of those involved in Kowalchuk’s killing at the hands of four men who tricked their way into the locked master bedroom of the victim with the intention of robbing his safe.
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The offenders spent several days going back and forth from the crime scene before the home was set ablaze with Kowalchuk’s tied body still inside.
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Justin Boucher, one of those found involved in the Feb. 13, 2022, homicide, is facing sentencing for manslaughter in the killing.
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“Not only did I lose my brother, but I lost all of what was his,” Nesbitt wrote, about the fire which destroyed what was left of her brother’s memory.
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“They stepped over his body day after day, ransacked his home and stole anything of value. Then his beautiful home that hosted many holidays and family meals was burnt to the ground.
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“I have been left with nothing. I can’t put on one of his old shirts to remember his smell nor do I have one single thing that Chad owned. Instead, I have his ashes on my mantel.”
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Nesbitt said her brother’s killing has forever changed their family.
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“We are broken. We are not okay and we never will be.”
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The victim’s nephew, Spencer Kowalchuk, also provided a statement, which he read in himself.
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“The murder of my uncle Chad has forever traumatized me,” he said.
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“My heartbreak goes far beyond the tears I have shed.”
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Kowalchuk was just months from graduating high school when his uncle was slain.
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“I wanted my uncle to celebrate my graduation with me in four months, but instead I was building his urn (in shop class),” he said.
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Co-prosecutor Vicki Faulkner said Silver should sentence Boucher, the first of a trio of offenders convicted by a jury last November, to a sentence of between 12 and 15 years.
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But defence lawyer Kim Arial suggested a sentence of six to seven years, which coupled with credit for time already served, could allow Silver to order Boucher to serve further time of less than two years, which could then be followed by probation.
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Silver will hand down her decision at a later date.
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Catalyst to homicide in deadly love triangle handed equivalent of six-year prison term
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Encouraging a fatal attack on their ex-lover has landed a Calgary resident the equivalent of a six-year prison term.
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But with lengthy credit for time served on remand, Jordan Smith will only have to serve another 357 days, Justice Richard Neufeld ordered Monday.
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Neufeld also ordered Smith to serve three years of probation with conditions including undergoing counselling for addictions issues.
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The Calgary Court of King’s Bench judge noted Smith, who at the time identified as female when they took part in the Feb. 22, 2022, killing of Marshall Rath, who was beaten and fatally stabbed in the apartment he shared with Smith.
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“At that time he had been in an intimate relationship with Jordan Smith for about four years,” Neufeld said.
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The night before the deadly assault at the hands of Smith’s new lover, the offender had brutally assaulted Rath in a video-recorded assault sent to Smith’s cousin in Quebec, Harriot Johnson, by wrapping a chain around their fist and knocking the victim to the floor.
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The following day, Johnson received “a number of disturbing messages, voice calls, and photos from Jordan Smith,” said a statement of agreed facts supporting a guilty plea to manslaughter.
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Johnson also heard Smith tell their new lover: “It’s you I want. I don’t care about him. It’s you I want. I love you baby.”
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She also heard her cousin screaming and yelling, “There is blood everywhere. I think he is dead.”
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Neufeld said not only was Rath victimized by Smith’s criminal behaviour in abetting the killing by encouraging their new boyfriend, so was Johnson at being traumatized by the sounds and images she experienced.
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“What you did to Marshall on that day was terrible and what you did to your cousin was cruel,” said Neufeld.
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But the Calgary judge acknowledged Smith had a tragic upbringing which included their mother experiencing the trauma of attending a residential school and becoming addicted to drugs.
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“Jordan was born with Fetal Alcohol Syndrome Disorder,” Neufeld said.
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“Jordan is incapable of learning from consequences or past mistakes.”
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He said much of Smith’s difficulties lied with their upbringing by their late mother.
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“She introduced Jordan to drugs and sent Jordan out to steal food, while knowing Jordan would make money by providing sex to men.”
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Smith experiences gender dysphoria and has mental health issues including borderline personality disorder, he noted.
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Crown prosecutors Hyatt Mograbee and Elise Doherty have sought a six-year term which would mean further custody for Smith, while defence counsel Adriano Iovinelli proposed a five-year term, which would have resulted in Smith’s immediate release.
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Convicted Coutts border protester can be released on bail pending appeal, judge rules
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Convicted Coutts border protester Chris Carbert can be freed pending appeal, a Calgary judge ruled Monday.
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Justice Jo’Anne Strekaf said despite concerns from the Parole Board of Canada that Carbert presents “an undue risk to society” if granted parole, she found no serious concern exists.
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“The applicant has demonstrated that there is no substantial likelihood that he will commit a criminal offence or interfere with the administration of justice if released from detection pending the hearing of his appeal,” Strekaf said in a written decision.
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“Detention pending his appeals is not necessary for the protection or safety of the public.”
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Carbert has appealed his convictions by a Lethbridge jury of possession of weapons for a purpose dangerous to the public peace and mischief in connection with a border blockade in connection with a protest against COVID-19 restrictions and vaccine mandates.
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Carbert was part of a group which blocked the border for two weeks in February 2022.
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Last Sept. 9, he was sentenced to the equivalent of a 6½-year sentence, but with credit for remand time had two years, seven months and 21 days left to serve.
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He was eligible for day parole on March 6, and full parole July 27, but was denied both on April 29.
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Strekaf agreed with defence counsel Katherin Beyak that despite those decisions by the Parole Board her client should be released pending his two appeals.
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Although he was convicted of serious offences, the Alberta Court of Appeal judge agreed with Beyak there were legitimate grounds of appeal to be considered.
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Carbert was found to be on possession of “multiple firearms including a prohibited semi-automatic rifle, over-capacity magazines and thousands of rounds of ammunition,” while under a lifetime weapons prohibition, Strekaf noted.
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“In sentencing the applicant, the trial judge found that the applicant had armed himself with firearms, ammunition and body armour for the purpose of engaging with the police if he deemed it necessary to do so in the context of the Coutts border blockade.”
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Strekaf said if kept in custody pending appeal, he may serve his entire sentence, without any remission, even if his appeal is successful.
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She noted Carbert’s conviction appeal hearing is set for Sept. 11, and if that decision is reserved by the court his sentence appeal, if necessary, may not be determined until after his full sentence is complete.
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“He may have served most, if not all, of his sentence, regardless of the outcome of his appeal,” she said.
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The conditions of Carbert’s bail must still be determined before he can be released.
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