Defence says 12 years of parole ineligibility appropriate for man convicted in 2018 double murder

From May 26: Family of a teenager who was killed when he was caught in the crossfire of a gang shooting on a Vancouver street delivered gut-wrenching impact statements.

The lawyer representing a man convicted of a double murder on Vancouver’s Broadway that left an innocent teen dead in January 2018 says 12 years of parole ineligibility would be appropriate for his client.

Kane Carter, 30, was convicted by a B.C. Supreme Court jury of two counts of second-degree murder in the fatal shootings of 15-year-old Alfred Wong and 23-year-old Kevin Whiteside last December.

Carter was tried on the same charges in 2024, but the case ended in a mistrial when the jury failed to reach a unanimous verdict.

During the retrial, Crown counsel told the court Carter shot at Whiteside after Whiteside opened fire on Matthew Navas-Rivas, who prosecutors say was linked to Carter in a drug-trafficking operation, as he left Indochine restaurant with a friend. Wong, who was in the back seat of his parents’ car, was struck once in the chest and died in hospital a few days later.

Carter’s lawyer, Andrew Nelson, told the court that while Carter was wrong for firing gunshots that night, the fact that he did so to protect his friend should be a mitigating factor.

“The defence is submitting that Mr. Whiteside deserves just as much blame, if not more, for the dangerous events,” Nelson said.

“Mr. Whiteside started the deadly shootout when he carried out his premeditated attempt to murder Matthew Navas-Rivas.”

The second-degree murder convictions come with an automatic life sentence. The question is how long Carter will stay behind bars before he is eligible to apply for parole.

The Criminal Code of Canada guidelines set that number at 10 to 25 years.

Crown prosecutor Don Montrichard told the court earlier this week the Crown believes it should be set at 20 years.

Montrichard highlighted that Carter has multiple firearms convictions in Ontario from both before and after the Vancouver homicides, and repeatedly broke court-ordered conditions, including firearm prohibitions.

“Mr. Carter has shown himself that he’s a danger to the public, and a person whom society must be protected from,” said Montrichard.

Associate Chief Justice Heather Holmes reserved her decision to consider submissions from both sides. She is expected to deliver the sentence on June 12.