URGENT: Formal Complaint Against Justice Alexander Kurke
This is the formal complaint submitted to the Canadian Judicial Council regarding the handling of evidence in R. v. Montana Lewis. Please read, share, and help this reach those who believe justice requires accountability.
Conduct in R. v. Montana Lewis
To: info@cjc-ccm.ca
Cc: info@endviolenceeverywhere.org
Email Sent: February 2, 2026 — Waiting for response
Dear Members of the Canadian Judicial Council,
I am writing to file a formal complaint regarding the conduct of Justice Alexander Kurke of the Ontario Superior Court in the case of R. v. Montana Lewis (Sault Ste. Marie, verdict delivered January 30, 2026).
As the father of the victim, Samuel Graham Jr., I believe the judge’s handling of the evidence and reasoning in his ruling raises serious concerns about fairness, objectivity, and the proper application of the law.
All details outlined below are based on documented evidence, trial testimony, and statements made in open court in front of over 100 witnesses, including family, friends, and community members. This includes:
- Trial transcripts
- Exhibits (text messages and Snapchat communications)
- Eyewitness accounts (primarily Semiah Lewis’s accurate and consistent testimony from day one — the accused’s twin sister and my son’s girlfriend of 2.5 years)
- Police reports
- Medical testimony
- The judge’s own oral reasons for judgment
Case Background
This case involves the stabbing death of my son, Samuel Graham Jr. (Sammy), on November 12, 2020, outside a home on Muriel Drive in Sault Ste. Marie.
Montana Lewis was charged with first-degree murder. The trial was judge-alone (no jury), as the defence requested this two days before trial and the Crown agreed without opposition.
Justice Kurke acquitted Lewis of first-degree murder but convicted him of manslaughter.
- Next court date: February 25, 2026 (sentencing discussion and scheduling)
The judge ruled that while the stabbing was vengeful and unlawful, the Crown did not prove beyond a reasonable doubt the intent to kill or subjective foresight of death required for murder under Criminal Code s. 229.
He described the act as having a “high degree of culpability” and being “close to murder,” but influenced by anger, immaturity, and — crucially — uncorroborated claims of substance use.
Specific Concerns Regarding Judicial Conduct
My complaint focuses on apparent inconsistencies in the judge’s assessment of evidence and credibility, which appear to have improperly influenced the outcome and undermine public confidence in the judicial process.
1. Reliance on Uncorroborated and Discredited Claims of Substance Use
- Justice Kurke stated that Lewis’s “judgment was affected by his anger and alcohol, cocaine, and marijuana use that day,” framing the attack as impulsive or immature (“teenage bravado”).
- There is zero independent evidence supporting any substance use or impairment.
- Eyewitness Semiah Lewis testified Montana did not appear impaired at any point.
- Police officers reported no signs of intoxication, no smell of alcohol, and no paraphernalia.
- No toxicology report or physical evidence was presented.
- Montana did not mention substances in initial police statements; this claim appeared five years later at trial, through his third lawyer.
- The judge rejected large portions of Montana’s testimony as unreliable and self-serving, yet selectively accepted this uncorroborated claim without explanation.
This selective reliance appears arbitrary and improperly biased the intent analysis toward a lesser charge.
2. Ignoring Overwhelming Evidence of Planning and Deliberate Intent
The evidence clearly demonstrated premeditation and deliberate action, supporting first-degree murder under s. 231(2) or at minimum second-degree murder:
- Prior threats and texts:
Messages included:“I’m going to kill Sam — today’s the day.”
“Just waiting for him to get back and he is dead.”
“It’s over, he’s done.”
“Sorry Mom, Sam f***ed up and pushed me — it’s his day.” - Manslaughter research the day of:
Montana had Sammy look up “manslaughter” on his phone earlier that day. - Post-arrest statement:
Upon hearing the charge, Montana said:“Really? I thought it would be manslaughter.” - Chase and stabbing sequence:
Montana retrieved a knife, chased Sammy and Semiah, and stabbed Sammy twice with lethal force, including a severed aorta.
Despite this unchallenged evidence, the judge focused on “vengeance to hurt badly” while failing to adequately address subjective intent to kill.
3. Inconsistent and Unsupported Reliance on Alleged Remorse
Justice Kurke relied heavily on a paragraph asserting Montana was horrified, remorseful, and trying to help.
Trial evidence directly contradicts this.
Key points:
- No witness described Montana as horrified or shocked.
- He yelled aggressively at his sister immediately after the stabbing.
- His “sorry” was directed at Semiah for yelling — not for stabbing Sammy.
- He walked calmly out front with his dog.
- His 911 call lasted two seconds.
- He provided no CPR or aid while Semiah performed life-saving efforts.
- Police testified Montana did not help in any meaningful way.
These unsupported characterizations appear central to the reduction from murder to manslaughter.
4. Why This Constitutes Potential Misconduct
The selective handling of evidence and acceptance of fabricated defence narratives raise serious concerns about judicial objectivity.
This ruling has denied my family full justice and eroded public trust in the courts — particularly in a high-profile homicide case covered by media outlets including SooToday, CTV, and Sault Star.
I respectfully request a full review of Justice Kurke’s conduct under your procedures and ask for confirmation of receipt and updates as soon as possible.
Sincerely,
A father forever changed by loss and betrayal in our courts.
I sign this not in defeat, but in fierce motivation to hold those responsible accountable.
God with me. God in me. Love, Truth, and Strength.
Sammy’s Backpacks
Sault Ste. Marie, ON
📞 705-971-8794
📧 samgraham@shaw.ca
Father of Samuel Graham Jr., Victim in R. v. Montana Lewis
#endviolenceeverywhere
#justiceforsammyjr
#JudgeMisconduct
#CourtComplaint
#RoyalPrerogativeOfMercy
#Clemency
#CanadaJustice
#VictimsOfCrime
#God
#GodBless
#GodsPlan
#HelpForJustice