kerry sim has lost an appeal challenging the cancellation of her day parole after a urine test returned a positive result for methamphetamine, the Parole Board of Canada’s appeal division has determined.
What happened?
The appeal division concluded that Sim, who was known as Kelly Ellard when convicted of the 1997 killing of Reena Virk, had challenged the revocation as unfair and relied on what she called “erroneous or incomplete information. ” The board notes Sim first postponed and then waived her right to a hearing after objecting to media attendance.
The board grappled with differing accounts surrounding a urine test that was positive for methamphetamine. Sim told the board the positive result could have been related to a medication she had been prescribed. The appeal decision was released on a Thursday and upholds the board’s earlier action to revoke day parole.
What did the Parole Board of Canada consider?
The Parole Board of Canada revoked Sim’s day parole in June 2025 after concluding she presented an “undue risk to society” by potentially reoffending and that it was not required to consider less restrictive options. In assessing risk, the board noted a number of factors Sim had acknowledged or raised.
- Admission of stress from being a single parent.
- Challenges related to dealing with a violent ex-partner.
- Safety concerns about a television series released about Virk’s murder.
- Dispute over the interpretation and cause of a positive urine test for methamphetamine.
What Happens When Kerry Sim’s Appeal Fails?
The appeal division’s dismissal leaves the June 2025 revocation in place. Sim’s legal history is noted in the decision: she was a young offender at the time of Virk’s murder but the matter was raised to adult court. After exhausting appeals up to the Supreme Court of Canada, she was convicted of second-degree murder in 2005 and received a life sentence.
The facts set out in the decision also record the circumstances of Reena Virk’s death: she was assaulted by a group of teenagers under Victoria’s Craigflower Bridge and later drowned by Sim, who was 15 at the time. Sim’s co-accused, Warren Glowatski, was also sentenced to life and was later paroled in 2010.
The appeal division found the Parole Board of Canada conducted what it described as a fair and adequate risk assessment before revoking day parole. With the appeal dismissed, the board’s revocation stands and immediate legal avenues described in the decision have been exhausted by this challenge, leaving the revocation in effect for kerry sim
