REGINA – The Saskatchewan Court of Appeal has dismissed Robert James Joseph Thomas’ application for an extension of time to appeal his conviction and sentence for second-degree murder.
Thomas, who pleaded guilty in December 2024, to the September 2020 murder of Megan Gallagher, was sentenced to life in prison without parole for 18 years.
The standard 30-day appeal period expired in January and Thomas filed his application for an extension in March, citing confusion over deadlines due to the Christmas and New Year holidays, as well as his lack of legal knowledge.
In his June 13 decision, Justice Neal Caldwell applied the criteria set out in R v Morin (2005), which requires applicants to demonstrate a bona fide intention to appeal, a satisfactory explanation for delay, absence of undue prejudice to the Crown, arguable grounds for appeal, and whether the interests of justice favour an extension.
Thomas submitted handwritten, unsworn documents claiming he was misinformed about deadlines and struggled with the legal process.
Thomas cited a desire to be with his children as grounds for appeal, saying he wanted, "to have one last chance of having some kind of life with my kids. They lost there [sic] mom to an overdose in Sept. 2024 so I wanna [sic] make sure they have one parent to go to and I feel I haven’t had a fair court case either.”
Justice Caldwell, however, said that Thomas provided no affidavit or sworn evidence to support his claims.
Thomas also claimed there was “new evidence” about the murder but didn’t give any details.
“I was somewhat surprised by these submissions,” said Justice Caldwell, adding that Thomas confessed to the police and pleaded guilty to second degree murder.
“A seemingly off-hand comment about some new evidence, without something more, provides no assistance in deciding whether to grant an extension of time to appeal.”
The judge also dismissed new allegations, which were raised orally by Thomas’ counsel during the June hearing, that his trial lawyers had pressured him into pleading guilty to second-degree murder instead of manslaughter. He said they were “without merit because the Crown points out that the agreed facts were drawn primarily from Mr. Thomas’ detailed confession to the police.”
Justice Caldwell ruled that extending the appeal period was not in the interests of justice.
Gallagher went missing in Saskatoon in September of 2020 and four months later the Saskatoon Police Service said they were treating her disappearance as a homicide.
On Sept. 29, 2022, SPS found human remains along the South Saskatchewan River near St. Louis. The remains were determined to be that of Gallagher. She was last seen alive around 6 p.m. at Circle K convenience store at 3730 Diefenbaker Drive in Saskatoon on Sept. 20, 2020.
Nine people were charged in Gallagher’s murder.
Charges of unlawful confinement and aggravated assault, against Robin Tyler John were stayed in September 2023.
Cheyann Crystal Peeteetuce and Summer-Sky Henry, initially charged with first-degree murder, instead pleaded guilty to the lesser charge of manslaughter on Jan. 16. On Feb. 6, both were sentenced to seven years in prison.
Three others, Ernest Vernon Whitehead, Jessica Badger (Sutherland), and John Wayne Sanderson, were convicted of indignity to human remains. Whitehead received 739 days in jail, while Badger was given a two-year conditional sentence order (CSO), allowing her to serve the sentence in the community. Sanderson was sentenced to 1,096 days, but given credit for 327 days of pre-sentence custody.
-With files by Angela Brown
