The Unseen Toll: Orillia Killer Seeks Extra Credit for Pandemic-Era Confinement

It's a plea that, at first blush, might strike some as audacious, perhaps even a touch cynical. Kristopher Dallman, the Orillia man already condemned to life behind bars for the brutal second-degree murder of Toby Day, is now making an unusual request. He's seeking additional credit for the time he’s already served, arguing, through his defence, that the conditions endured during his pre-sentence custody were, in truth, exceptionally harsh.

This isn't about re-litigating the crime itself – the tragic stabbing death of Ramara Township man, Toby Day, for which Dallman received a life sentence with no chance of parole for 14 years. No, this particular legal maneuver centers squarely on the bleak reality of incarceration during the very height of the COVID-19 pandemic, specifically at the Central North Correctional Centre (CNCC). His defence lawyer, Alison Craig, painted a stark picture for Justice Jonathan Gorman: a world within walls made even more restrictive, more isolating, by public health mandates.

You see, according to the defence, Dallman's time was marked by relentless lockdowns, a near-total cessation of social visits – a vital human connection, even for those behind bars. Access to legal counsel, she argued, became a frustrating, often impossible, hurdle. Forget about educational programs, the library, or even consistent outdoor exercise; these basic components of prison life, meager as they are, were largely suspended. It was, she suggested, a period of profound isolation, a double-layered confinement, you could say, within already confined spaces.

But the Crown, represented by attorney Mary Ann French, sees things differently. She pushed back, contending that while the pandemic undoubtedly impacted everyone, the conditions Dallman experienced at CNCC weren't uniquely harsh or worse than what many others in correctional facilities across the province faced. It’s a point that, honestly, asks us to weigh the general hardship of an unprecedented global event against the specific, individualized experience of a prisoner.

Yet, the legal landscape here isn't entirely uncharted. Higher courts, for once, have acknowledged the unique challenges of pandemic-era custody. There's precedent, in fact, for granting what's known as 'extra credit' – typically at a rate of 1.5 days for every day served, sometimes even 2:1 in particularly dire circumstances – when conditions have been demonstrably more restrictive than usual. So, while Dallman’s request might seem bold, it’s not without a foundation in recent judicial rulings.

Still, for the family of Toby Day, these legal arguments about jail conditions can feel, well, secondary to the raw, enduring pain of loss. Patricia Day, Toby’s mother, voiced her sorrow, telling the court that she feels 'gutted' by her son's death. It’s a powerful, gut-wrenching reminder that beyond the legal intricacies and procedural debates, there remains an irreversible human tragedy. And now, Justice Gorman has a weighty decision ahead: to determine if the isolation and restrictions faced by Kristopher Dallman truly warrant this additional credit, an outcome that will, undoubtedly, be watched closely.