Warning: This article contains disturbing images and descriptions of intimate partner violence. A North York woman convicted of second-degree murder in the stabbing of her boyfriend two years ago in Newmarket is seeking her release from custody ahead of sentencing. McKenzie Gill, 33, who had been out on bail prior to her conviction in August following a two-week trial, is now pregnant and fighting to re-open the case. Defence lawyer Sherif Foda is arguing Justice Christie has the jurisdiction, following a recent amendment to the law under the Criminal Code of Canada, to release Gill ahead of sentencing while the defence argues for the case to be re-opened. The defence argues that Gill acted in self-defence the night she stabbed her partner Blake Bibby inside his Newmarket apartment. In finding her guilty, Justice Vanessa Christie rejected Gill’s claims that she was in danger of being assaulted or killed by Bibby that night. The judge ruled Gill did not act in self-defence when she grabbed a steak knife and stabbed Bibby in the heart following an alcohol-fueled night of argument. The court heard of a tumultuous, abusive two-and-a-half-year relationship between Gill and Bibby, which included criminal charges and court orders that they stay away from one another. Bibby was prohibited from communicating with or being anywhere near Gill the night she killed him. The defence argued if Gill was guilty, it should have been for manslaughter and not murder. Justice Christie disagreed, finding Gill deliberately stabbed Bibby in the chest knowing the consequences of her “reckless actions.” Justice Christie found Gill only had concern about Bibby’s life after the fact. The judge ruled Gill’s actions were “retaliation” and the result of built-up anger and animosity in their toxic, violent, and volatile relationship. The court heard Bibby had taunted Gill throughout the day about being with another woman. Gill was heard lying to 911 operators about who she was and what had happened to Bibby. Prior to her conviction, Gill had been out on bail since her arrest under strict conditions including wearing a GPS ankle monitor, that had been ordered removed mid-way through trial. At the Crown’s insistence, Justice Christie ordered Gill be taken into custody following the murder conviction, despite arguments from the defence that Gill should remain out on bail until her sentence was handed down. The Crown later conceded that Justice Christie had jurisdiction to continue Gill’s bail until sentencing was completed, as per the new law in the criminal code. Gill’s matter is scheduled to return to court before Justice Christie on Tuesday morning and in late October to address the application to re-open the trial. If you or someone you know is in an abusive or violent relationship, reach out for help by calling the ConnexOntario line for Simcoe County: North Simcoe Crisis Line: 1-800-461-1750 South Simcoe Crisis Line: 1-800-987-0799
