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Carson MacKay has been sentenced to two years for the manslaughter of Jodine Millar, whose body was buried on Burke Mountain in Coquitlam. The judge cited aggravating and mitigating factors.
Carson Saul MacKay, a British Columbia man who caused the death of his ex-girlfriend's 57-year-old mother and buried her in a clandestine grave on Burke Mountain in Coquitlam, has been sentenced to two years in jail. MacKay was sentenced in B.C. Supreme Court in New Westminster last week for the manslaughter of Jodine Millar, who died in November 2022.
Death and Burial on Burke Mountain
MacKay was originally charged with second-degree murder in October 2023, almost a year after Millar's death. He pleaded guilty to the lesser offence of manslaughter earlier this year.
Justice David M. Layton accepted a joint submission from Crown and defence attorneys recommending a sentence of two years and 99 days, with 99 days of credit for time already served. The parties also submitted an agreed statement of facts, which Layton used to summarize the offence.
According to the decision, MacKay was in a relationship with Sara Millar, Jodine's adult daughter, when Jodine moved from Manitoba to B.C. in July 2021. The elder woman had experienced mental health difficulties, including bipolar disorder, and her daughter wanted to be able to look after her.
The trio moved into a house in Coquitlam in May 2022, with MacKay and Sara Millar living on the main floor and Jodine living in the basement. They shared common living spaces.
In August 2022, Sara ended her relationship with MacKay, and in late September she moved out. However, Jodine Millar remained living in the basement.
In November of that year, Jodine was in a manic state and overfed her dog, who threw up on the basement stairs. MacKay discovered the vomit and began to clean it up. Millar was inside her bedroom with the door closed.
As he cleaned up the vomit, MacKay was kneeling down, with his head facing the closed bedroom door. Millar opened the door, and on seeing MacKay she became paranoid and angry. She was holding the knife that she used to cut up her pills, and began yelling at MacKay.
A physical altercation ensued. During the fight, MacKay pushed Millar hard, causing her to fall into the bedroom. In pushing Millar, MacKay was not protecting himself, but rather was acting out of frustration, the decision reads, noting that MacKay was roughly half Millar's age and significantly taller and heavier than she was. He thus committed the unlawful act of assaulting Millar.
MacKay immediately turned and headed upstairs after the shove, according to the decision, which adds that his intention was to give Millar some space to calm down. About 10 minutes later, MacKay came back downstairs and found Millar deceased on the ground in her bedroom in a pool of blood. Millar had fallen onto the steak knife she had been holding when MacKay pushed her, and it was lodged in her body.
According to the decision, MacKay feared that he would be accused of intentionally murdering Millar. Rather than calling the police right away, he wrapped her body in blankets and bound it with tape, rope and a dog collar, before driving Millar's car to a vacant lot on Burke Mountain and burying her in a forested area.
MacKay reported Millar missing the following day, the decision notes, adding that her body was not found until six months later, in May 2023.
Sentencing and Aggravating Factors
Judges are required to give substantial deference to joint submissions on sentencing, rejecting them only if they are so unhinged from the circumstances of the case that they would lead a reasonable person to believe the justice system had broken down, according to Layton's decision.
With this in mind, the judge reviewed the aggravating and mitigating factors in the case. On the aggravating side, Layton considered the fact that MacKay's decision to push Millar was a dangerous course of action that carried a real risk of harm, given the circumstances.
The judge also noted that Millar was killed in her home, which should have been a place of safety for her. Particularly aggravating was the fact that MacKay tried to hide what he had done, taking actions that desecrated Millar's body and made it difficult to discern the exact cause of death.
Finally, Layton noted that Millar's death had a significant impact on her family, causing them grief that will undoubtedly last for years. Moreover, MacKay's actions in burying Millar in a surreptitious grave deprived her family of the opportunity to bury her promptly and to mourn her passing properly.
Mitigating Factors and Sentence
There were significant mitigating factors to consider, as well, including the brief nature of the incident and the significant element of chance in Millar's death, according to the decision.
The joint submission of two years and 99 days, with credit for time served, was accepted by the judge. MacKay will serve two years in jail.
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